Delhi High Court Restrains Two-Wheeler Manufacturer From Using ‘Destiny’ Mark Similar To Hero Motocorp

The Delhi High Court granted an injunction restraining a two-wheeler manufacturer from using the trademark “Destiny,” holding it deceptively similar to Hero MotoCorp’s registered mark “Destini.” The Court found that the visual and phonetic similarity could cause confusion among consumers, especially in the two-wheeler market where product recognition is influenced heavily by brand names. It highlighted that established brands are entitled to strong protection to prevent dilution and unfair advantage by competitors. The Court also noted that the defendant’s adoption lacked bona fides, indicating intent to ride upon Hero’s goodwill. The injunction underscores judicial commitment to safeguarding well-known marks and maintaining fair competition.