Hero Investcorp Private Limited & Anr vs M/S Sony Lubricant on 17 October, 2025

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Delhi High Court - Orders

Hero Investcorp Private Limited & Anr vs M/S Sony Lubricant on 17 October, 2025

Author: Manmeet Pritam Singh Arora

Bench: Manmeet Pritam Singh Arora

                          $~16
                          *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +         CS(COMM) 1133/2025 & I.A. 26161-26166/2025
                                    HERO INVESTCORP PRIVATE LIMITED & ANR.                                                 .....Plaintiffs
                                                                  Through:            Mr. Pramod Kumar Singh, Ms.
                                                                                      Aastha Sharma and Ms. Jahanvi
                                                                                      Sharma, Advs.
                                                                  versus

                                    M/S SONY LUBRICANT                                                              .....Defendant
                                                 Through:                             None

                          CORAM:
                          HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
                                                  ORDER

% 17.10.2025 I.A. 26163/2025 (seeking to file additional documents)

1. This is an application seeking leave to file additional documents under Order XI Rule 1(4) of the Code of Civil Procedure, 1908 ['CPC'], [as amended by the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 ('Commercial Courts Act')], within 30 days.

2. The Plaintiffs, if they wish to file additional documents will file the same within thirty (30) days from today, and they shall do so strictly as per the provisions of the Commercial Courts Act and the Delhi High Court (Original Side) Rules, 2018 ('DHC Rules').

3. For the reasons stated in the application, the same is allowed.

4. Accordingly, the application is disposed of.

I.A. 26164/2025 (seeking exemption from advance service)

5. The present application has been filed under Section 151 of CPC CS(COMM) 1133/2025 Page 1 of 16 This is a digitally signed order.

6. In view of the fact that the Plaintiffs have sought an ex-parte ad- interim injunction along with the appointment of a Local Commissioner, the exemption from effecting advance service upon the Defendant is granted.

7. Accordingly, the application stands disposed of. I.A. 26165/2025 (seeking exemption from pre-litigation mediation)

8. This is an application under Section 12A of the Commercial Courts Act, 2015 filed by the Plaintiffs seeking exemption from instituting pre- litigation mediation.

9. Having regard to the facts that the present suit contemplates urgent interim relief and in light of the judgement of the Supreme Court in Yamini Manohar v. T.K.D. Keerthi1, exemption from the requirement of pre- institution mediation is granted to the Plaintiffs.

10. Accordingly, the application stands disposed of. I.A. 26166/2025 (seeking condonation of delay)

11. This is an application filed by the Plaintiffs seeking condonation of the delay of 164 days in re-filing the suit.

12. The delay in re-filing is not sufficiently explained. The prayer for condonation of delay is rejected, and the suit will be deemed to have been filed on 08.10.2025, as the affidavits in support of the plaint are dated 08.10.2025.

13. With the aforesaid directions, the application stands disposed of. CS(COMM) 1133/2025

14. Let the plaint be registered as a suit.

15. Summons be issued to defendants by all permissible modes on filing CS(COMM) 1133/2025 Page 2 of 16 This is a digitally signed order.

16. The summons shall indicate that the written statement must be filed within thirty (30) days from the date of receipt of the summons. The defendant shall also file an affidavit of admission/denial of the documents filed by the plaintiffs, failing which the written statement shall not be taken on record.

17. The Plaintiffs are at liberty to file replication(s) thereto within thirty (30) days after filing of the written statement. The replication(s) shall be accompanied by affidavit(s) of admission/denial in respect of the documents filed by the Defendant, failing which the replication(s) shall not be taken on record.

18. It is made clear that any unjustified denial of documents may lead to an order of costs against the concerned party.

19. Any party seeking inspection of documents may do so in accordance with the Delhi High Court (Original Side) Rules, 2018.

20. List before the learned Joint Registrar (J) on 10.12.2025.

21. List before Court on 23.03.2026.

I.A. 26161/2025

22. This is an application filed under Order XXXIX Rules 1 and 2 read with Section 151 of the CPC, seeking a temporary injunction against the Defendant.

23. The learned counsel for the Plaintiffs sets up the Plaintiffs' case as under:

23.1. Plaintiff Nos. 1 and 2 are group companies carrying on business under the house mark HERO. The trademark HERO is also used in label and 1 (2024) 5 SCC 815 CS(COMM) 1133/2025 Page 3 of 16 This is a digitally signed order.

23.2. Plaintiff No. 2 is engaged in the business of manufacturing and selling motorcycles, scooters, their parts and accessories, under the trademark 'HERO' since 09.04.1985. The said business of the Plaintiff No. 2 is being carried on under the tradename, i.e., 'HERO MotoCorp.', and HERO marks. 23.3. Plaintiff No.1's earliest registration of the word mark HERO in Class 4 is Trademark Registration No. 220577, with the date of registration being 15.09.20112.

Plaintiff No.2, being a HERO Group Company, uses these trade marks by virtue of an authorisation letter dated 10.05.2022 issued by Plaintiff No.1 to Plaintiff No.2.

23.4. The Plaintiffs are the owners of the original artistic work as defined in Section 2(c) of the Copyright Act, 1957, subsisting in the HERO marks, featuring distinctive and imaginative styles, as depicted under:

a.

b.

23.5. The Plaintiffs also use the HERO marks on a diverse range of products, including industrial oils and lubricants. One such product of the Plaintiffs is the HERO Genuine 4T engine oil ['HERO Oil']. HERO Oil's superior quality results from extensive research by the Plaintiffs, and its 2 Details of Plaintiff No.1's trademark registrations have been set out in paragraph '28' of the plaint.

CS(COMM) 1133/2025 Page 4 of 16

This is a digitally signed order.

23.6. The net sales turnover of Plaintiff No. 2 products "HERO GENUINE OIL" for the financial year 2024-2025 was Rs. 831 crores, as mentioned in paragraph 23 of the plaint.

23.7. Plaintiff's HERO GENUINE ENGINE OIL is sold in distinctive, unique bottles/containers ['Suit design'], with its trademarks prominently displayed on its distinguishing label. The bottles consist of a unique shape with a variety of novel features that distinguish them from other products in a similar category.

23.8. Plaintiff No.2 is the owner of the two bottle designs bearing registration nos. 311300 and 311301, applied on 25.10.2018.

23.9. By virtue of extensive and continuous use, the Plaintiffs' suit design and its accompanying label have become uniquely associated with the Plaintiffs, and consumers now identify the shape and configuration of the CS(COMM) 1133/2025 Page 5 of 16 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/11/2025 at 21:22:17 HERO Oil bottle as originating exclusively from the Plaintiffs. Knowledge about Defendant's Infringement 23.10.It is the case of the Plaintiffs that the Plaintiffs, in September 2025 learnt that the Defendant/ Sony Lubricant is engaged in the manufacturing of lubricant/ engine oils, bearing the name HEERO and SUPER HERO ['impugned marks'] that is deceptively similar to the Plaintiffs' trademark and affixed with the label in the bottles which are identical to the bottles/containers used by the Plaintiffs under its SUIT DESIGN. A comparison chart of Plaintiffs' product and Defendant's infringing products is set out as under:

Plaintiffs' original product CS(COMM) 1133/2025 Page 6 of 16 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/11/2025 at 21:22:17 Defendant's infringing products It is clarified that the golden bottle is referred to as sample no. 1 and the white bottle is referred to as sample no. 2 in this order respectively. 23.11.Upon investigation of the Defendant's premises, the Plaintiffs procured two empty sample bottles bearing the impugned mark 'HEERO', ,'SUPER HERO' and .

23.12.Upon examination, sample no.1 procured from the premises of the Defendant bearing the mark HEERO and logo was found to be identical, fraudulent, and an imitation of Plaintiffs' unique and novel registered SUIT DESIGNS. Sample no. 1 bears the inscription 'RE-

CS(COMM) 1133/2025 Page 7 of 16

This is a digitally signed order.

23.13.Also, the procured sample no.2, was found to be bearing the mark "SUPER HERO" and logo which incorporates the Plaintiffs' registered trademark "HERO" as a prominent and integral part of its trademark which is identical and/or deceptively and confusingly similar to the Plaintiffs' registered "HERO MARKS". Additionally, the back side of the bottle has the inscription 'MFG BY: HERO LUBRICANTS, INDIA' thereby falsely suggesting an association with the Plaintiffs. 23.14.It is stated that while the Defendant's actual business name is 'Sony Lubricants', this name is conspicuously absent from the entire packaging of the impugned sample products.

23.15.Learned Counsel for the Plaintiffs' states that the Defendant's impugned design with respect to the Sample no. 1, is a clear imitation of Plaintiff No. 2's registered suit designs. The similarity is apparent in the shape, configuration, and surface pattern of the bottles, which, when viewed from any angle, appear virtually identical. Such unauthorised replication of the design constitutes an infringement of Plaintiff No. 2's registered designs under Section 22 of the Designs Act, 2000.

23.16 He states that not only has the Defendant copied the Plaintiffs' suit design for one of its impugned products, but it has also adopted the trademarks HEERO and SUPER HERO, which is deceptively similar to the Plaintiffs' registered HERO marks CS(COMM) 1133/2025 Page 8 of 16 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/11/2025 at 21:22:17 23.17 He states that the Defendant is selling the same in the lubricant oil market, a sizable portion of which is Plaintiffs' customers who are likely to associate the impugned product with the Plaintiffs' premium products. 23.18 It is stated that the Plaintiffs conducted an online public search for the trademark HEERO and SUPER HERO which revealed that no such mark is registered or has been filed by the Defendant.

23.19 He states that every GENUINE ENGINE OIL manufactured by Plaintiffs includes the details of the manufacturer, customer care number, net quantity, batch no. MRP, date of manufacturing is displayed, which is a mandatory requirement and manufactured in accordance of the prescribed guideline and is tried, tested and approved before selling in the markets, however the infringing sample products are likely to contain lower quality substance which are not tested and approved and sale of the same can cause adverse effects to the health of the consumers posing a serious risk to the health and safety of the consumers.

23.20 It is stated that Plaintiffs' every product bears a Unique Product Identification Code, which is unique to each engine oil bottle ever manufactured by the Plaintiffs, and helps to maintain a database of all the UPI codes. However, the products purchased from the premises of the Defendant do not have this security feature.

23.21 He states that the Defendant's impugned products make a direct and brazen reference to the Plaintiffs' trademark and distinctive packaging. The Defendant's lubricant bottles feature labels and stickers closely resembling the Plaintiffs' trade dress. Such imitation is likely to confuse customers into believing that the Defendant's products are associated with or endorsed by the Plaintiffs. This unauthorised use is causing continuous harm to the CS(COMM) 1133/2025 Page 9 of 16 This is a digitally signed order.

24. This Court has heard the learned counsel for the Plaintiffs and has perused the record.

25. From the comparison of products reproduced at paragraph '23.10' of this order, it is evident that the Defendant, in its impugned product/ Sample no. 1, bearing the impugned design, has copied the registered suit designs of the Plaintiffs

26. Furthermore, the Defendant has also adopted the impugned mark HEERO and the logo which is deceptively similar to the Plaintiffs' registered HERO marks.

27. From the comparison of the products reproduced at paragraph 23.10 of this order, with respect to the Sample no. 2 procured, it is evident that the defendant has adopted the combination of white and golden colour for the label with its mark SUPER HERO and logo written on the middle top of the label and also copied other essential elements.

28. The use of the trade name 'HERO Lubricants' and 'HEERO Lubricants' on the bottles alleged to be the packaging entity is also a blatant infringement.

29. This conduct constitutes a deliberate misrepresentation, intended to exploit the Plaintiffs' established goodwill and mislead the public into believing that the Defendants' goods are connected with or endorsed by the Plaintiffs, when no such association exists.

CS(COMM) 1133/2025 Page 10 of 16

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/11/2025 at 21:22:17

30. Moreover, the Defendant is using the impugned marks and impugned design on identical goods in the same line of business, distributed through the same trade channels, whilst catering to the same class of consumers as the Plaintiffs. Consequently, there is inevitably going to be a likelihood of confusion, and an unwary customer with average intelligence and imperfect recollection will associate the Defendant's impugned product with the Plaintiffs' products.

31. In the overall conspectus, Plaintiffs have made out a prima facie case for the grant of ex parte ad interim injunction against the Defendant. This Court is satisfied that if an ex parte ad interim injunction is not granted at this stage, irreparable harm/ injury would be caused to the Plaintiff. Balance of convenience also lies in favour of the Plaintiffs, and against the Defendant.

32. Accordingly, till the next date of hearing, the Defendant, its associates and agents, directors, officers, employees, distributors, franchisee, representatives and assigns are hereby restrained by an ad-interim ex parte temporary injunction from:

i. Using the trademark "HEERO", "SUPER HERO", " ", " " or using the trademark "HERO" as part of its tradename such as HEERO LUBRICANTS" or "HERO LUBRICANTS" and bottles, which infringe the suit designs (enlisted at paragraph 23.8) along with their respective CS(COMM) 1133/2025 Page 11 of 16 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/11/2025 at 21:22:17 copyrights which are identical and/or deceptively, confusingly, phonetically, visually and/or fraudulent or obvious imitation similar to registered HERO MARKS and SUIT DESIGNS (for the bottles) along with the copyright and packaging of the Plaintiff as used by the Defendant on its products thereby infringing the trademarks, design and copyright of the Plaintiffs.

ii. Using the copyright vested in and in the packaging/label as used by the Defendant which is identical to the Plaintiffs' copyright vested in HERO Marks thereby infringing the copyright of the Plaintiffs.

iii. Using any indicia whatsoever to show any association or affiliation or connection of the Defendant or its products with Plaintiffs.

33. In view of the fact that the Plaintiffs have sought appointment of a Local Commissioner to seize the infringing products bearing the impugned mark and design, the very purpose of the grant of ex parte ad interim injunction would be defeated if the Defendant is given notice contemplated in Order XXXIX Rule 3 of CPC prior to the execution of the commission. Hence, it is directed that the Plaintiffs shall serve notice under Order XXXIX Rule 3 of CPC at the time of execution of the Local Commission, which shall not be later than two (2) weeks from today. An affidavit of compliance must be filed within two (2) weeks.

CS(COMM) 1133/2025 Page 12 of 16

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/11/2025 at 21:22:17

34. Upon steps being taken by the Plaintiffs, issue notice to the Defendant through all modes.

35. Reply be filed within four (4) weeks from receipt of notice. Rejoinder thereto, if any, be filed within four (4) weeks thereafter.

36. List before the learned Joint Registrar (J) on 10.12.2025.

37. List before Court on 23.03.2026.

I.A. 26162/2025 (seeking appointment of Local Commissioner)

38. This is an application filed under Order XXVI Rule 9 read with Section 151 of CPC for appointment of a Local Commissioner.

39. In order to ensure that the injunction is fully complied with and to preserve the evidence of infringement, this Court deems it appropriate to appoint one (1) Local Commissioner, the appointment is confined thereto.

                                 S.No Address                                                                Particulars
                                 1.   'Sony Lubricant' at 22211 B/s,                                         Ms.         Samridhi
                                      Transport Nagar, Ranipur, Sudama                                       Prakash, Advocate
                                      Estate, Narol, Ahmedabad, Gujarat-                                     E. No. D/6091/2025
                                      382405,                                                                M. No. 8860662013

40. The mandate of the Local Commissioner is as under: -

i. The Local Commissioner shall visit the premises of the Defendant as mentioned above, to inspect and seize the infringing product bearing the impugned mark and design. ii. The Local Commissioner is permitted to seize the products bearing the impugned mark and design at the above premises, and if knowledge is acquired of any other premises where the goods could be stored, the Local Commissioner is free to record the same and then visit the other premises and conduct a seizure there as well.

CS(COMM) 1133/2025 Page 13 of 16

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/11/2025 at 21:22:17 iii. The Local Commissioner shall also inspect and seize any goods/materials including pamphlets, brochures, stickers, packaging materials, dyes or blocks used for preparing the manufacturing materials, display boards, sign boards, advertising material, dyes or blocks, unfinished, packed, unpacked products bearing the impugned mark and design or any other documents, wrapper etc. so that it can be ensured that no fresh manufacturing of the infringing products bearing the impugned mark or design can take place.

iv. The Local Commissioner shall also obtain the details as to since when goods bearing the impugned mark and design are being used by the Defendant and obtain copies of the account, if the same are found to be sold in the market.

v. The Local Commissioner shall obtain accounts, including ledgers, stock registers, invoice books, receipt books, cash books, purchase and sale records and any other books of record or commercial transactions kept at the premises of the Defendant and take a photocopy and/or record of all such transactions that pertain to infringing products, if any. The Defendant shall cooperate and give passwords to the computers and the files containing the accounts, if the same are stored on the computer or a specific software.

vi. After preparation of the inventory, the infringing products bearing the impugned mark and design, in fully manufactured or unfinished condition, including packaging materials, advertising, promotional materials, pamphlets, brochures, boxes, videos, CS(COMM) 1133/2025 Page 14 of 16 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/11/2025 at 21:22:17 hoardings, brochures, banners, signage, cartons and other material bearing the impugned design and mark or the marks, which are similar to the Plaintiffs' trademarks, shall be released to the Defendant on Superdari. The monetary value of the stock shall also be ascertained.

vii. The Local Commissioner is also permitted to break open the locks, with the help of the local police, if access to the premises where the infringing products have been stocked/manufactured is denied to the Commissioners.

viii. Upon being requested, the concerned, the Station House Officer ['SHO'] and/or the concerned Superintendent of Police having jurisdiction over the aforesaid jurisdiction, shall render necessary cooperation for execution of the commission, as per this order. ix. The Local Commissioner is permitted to take photographs and videography of the proceedings of the commission, if it is deemed appropriate.

x. The Local Commissioner, while executing the commission, shall ensure that there is no disruption to the business of the Defendant, except for the purposes of the execution of the commission. The commission shall be executed in a peaceful manner.

xi. Copy of the order and complete paper book shall be served by the Local Commissioner upon the Defendant at the time of execution of the commission.

41. The order passed today shall be communicated by the Local Commissioners to the Defendant.

CS(COMM) 1133/2025 Page 15 of 16

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/11/2025 at 21:22:17

42. The fee of the Local Commissioner is fixed at Rs. 2,50,000/-; (Rupees Two Lakhs Fifty Thousand Only), excluding out-of-pocket expenses, travel expenses, and accommodation expenses, etc., which are to be borne by the Plaintiffs.

43. Local commission is to be executed within two (2) weeks. The report of the Local Commissioners shall be filed within two (2) weeks thereafter.

44. The order passed today shall not be uploaded for a period of two (2) weeks to enable the execution of the commission.

45. Either the learned counsel for the Plaintiff or the learned Local Commissioner is directed to collect a certified copy of this order from the Registry (Dispatch Branch) before execution of the Commission.

46. The learned Local Commissioner shall carry the certified copy of this Order for execution of the Commission, and a copy of the same shall be served upon the Defendant by the learned Local Commissioner at the time of the execution of the Commission.

47. Coloured Copy of this order to be given dasti under the signatures of the Court Master.

MANMEET PRITAM SINGH ARORA, J OCTOBER 17, 2025/msh/AJ CS(COMM) 1133/2025 Page 16 of 16 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/11/2025 at 21:22:17

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