Delhi High Court has warned ecommerce company, eBay, that violation of its order stopping the site from selling products under any name deceptively similar to the ones coined by Eicher Motors Ltd, the makers of Royal Enfield motorbikes, would be “viewed seriously”.
“The defendant No.3 (www.ebay.in) has been put to caution that the infringement of the order dated October 1, 2015, and the subsequent interim orders passed by this court shall be viewed seriously,” Justice Vipin Sanghi said.
The court also issued notice to the internet-based company and sought its response before August 24 on Eicher’s plea seeking contempt proceedings against it for allegedly violating the court’s interim order issued in October last year.
The high court, on October 1, 2015, had restrained some persons from selling on ebay products under the name of ‘Royal Enfield’, ‘Bullet’ or any other trademark deceptively similar to the ones coined by Eicher.
The court had passed the interim order saying Eicher has made out a “strong prima facie case” for grant of ex-parte ad-interim injunction against the persons who were selling biking gear and items carrying the trademarks of the company on www.ebay.in.
The court’s interim order had come after the automaker claimed in its plea that the defendants — Saurabh Katar and Kuldeep Singh — were selling on different e-commerce sites fake products having the trademarks ‘Royal Enfield’, ‘Bullet’, ‘Made like a Gun’ and others and were cheating customers.
Eicher had contended that the actions of the defendants constitute infringement and passing off of its trademarks, copyright and also dilution of its trademarks.
It had claimed that apart from selling the motorcycles, it also sells “bike care products, apparels and other products such as riding gear, rain suits, caps, t-shirts, ready made garments, jeans, trousers, jackets, gloves, helmets, head gears, boots and shoes, mugs, key-chains, bike covers etc” under its various trademarks.
The company had said it was not directly or indirectly engaged in online sale of any of its products under the trademarks except through its official online store.
Source: The New Indian Express