Madras HC restrains two firms infringing on Ashok Leyland

The Madras High Court has restrained two firms based at Bengaluru and Mumbai from using a trademark deceptively similar to one already registered by heavy vehicles manufacturer Ashok Leyland, based on a petition filed by the Hinduja Group firm.

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 upon its registered 'Luxura' trademark by using an identical and deceptively similar trademark on their buses.

Granting the injunction yesterday, Justice V Ramasubramanian said Blue Hill Logistics had launched its services using the 'Luxura' trademark despite receiving a 'cease and desist' notice from Ashok Leyland.

He also noted that as per information from the Registrar of Companies website, 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, Ashok Leyland came to know that the Bangalore-based firm proposed to operate bus services under the trademark 'Luxuria', which was almost identical to its registered trademark.

Subsequently, it issued a cease and desist notice. However, the company responded by claiming it was primarily involved in running supermarkets and was not concerned with manufacturing vehicles under the trademark, 'Luxuria'.

However, Blue Hill later launched bus services between Bengaluru and Chennai under the trademark 'Luxuria'. They also launched a 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 it had protested against the trademark infringement, but the respondents resisted its warning and continued to use the trademark.

The company said newspaper reports clearly indicated that the respondents intended to acquire more buses to increase their fleet strength, connecting more cities under the trademark 'Luxuria'.

It asserted that if they were allowed to continue, this would dilute the reputation of its trademark, 'Luxura', they said.