Injunction on firms from infringing trademark of Ashok Leyland

CHENNAI: The Madras High Court has granted an injunction to Hinduja group flagship company Ashok Leyland, prohibiting two Bangalore and Mumbai based firms from infringing the registered trademark of the company.

Ashok Leyland had filed a suit seeking an injunction restraining Blue Hill Logistics Pvt Ltd of Bengaluru and Dilip Chhabria Design Private Ltd of Mumbai from infringing the registered trademark 'Luxura' by using an identical and deceptively similar trademark on their buses.

Granting the injunction yesterday,Justice V Ramasubramanian said Blue Hill Logistics had launched the services despite getting a 'cease and desist' notice from Ashok Leyland and only then issued a reply to them.

The Judge pointed out that information obtained from the Registrar of Companies website showed Blue Hill was formed only in May 2010.

Ashok Leyland contended they had launched the Luxura bus in 2006 and sold it to many customers all over India, including Transport Corporations.

In August 2010 they came to know the Bangalore based firm proposed to operate bus services under the trademark "Luxuria" almost identical to theirs.They then issued a cease and desist notice, to which the company said they are primarily into running supermarkets and nowhere concerned with manufacturing vehicles or the trademark "Luxuria".

But even after the notice, they launched the bus services between Bengaluru and Chennai under the trademark Luxuria.They also launched super luxury inter-city bus service in the name and style of Luxuria using Volvo buses, designed by Dilip Chaabria Design Private Ltd of Mumbai.

Ashok Leyland said they protested against use of the infringing trademark,despite which the respondents proceeded with use by lodging a caveat before the Madras High Court.

The company said newspaper reports clearly indicated the respondents intention to acquire more buses to increase fleet strength, connecting more cities under the trademark Luxuria. If they were allowed to continue such unlawful activities, it would dilute and totally debase the goodwill and reputation of their mark Luxura, they said.