Delhi High Court Awards ₹20 Lakh Damages To Hero Electric Vehicles Against Rogue Website Misusing Its Mark
The Delhi High Court on Wednesday awarded Rs 20 lakh in damages and Rs 3 lakh in litigation costs to Hero Electric Vehicles Private Limited while decreeing a trademark infringement suit over a dealership scam run through a rogue website.
Justice Tushar Rao Gedela also granted a permanent injunction restraining the defendants from unauthorised use of Hero Electric's registered trademarks and copyrighted works. The court found that the defendants had posed as the company and cheated innocent investors by falsely offering exclusive dealerships.
Hero Electric Vehicles moved the court, alleging that the these rogue websites registered to one Nitish Kumar and others were misleading the public, infringing its intellectual property, and damaging its reputation. The company, together with a partnership firm that holds its trademarks, has valid registrations for marks such as “HERO” and “HERO ELECTRIC” in force since 2008
The defendants had registered the domain name www.evbikedealership.online and a corresponding email ID to pose as Hero Electric Vehicles. Through the website, they solicited dealership enquiries and collected money from unsuspecting members of the public.
To support its claim for damages, Hero Electric Vehicles pointed to its goodwill and scale of operations, stating that its revenues had touched Rs 31,564.05 lakh in the financial year 2020–21. Bank records from RBL Bank showed that over Rs 8.84 lakh was collected from victims and withdrawn in quick succession.
The court said the material on record clearly showed that the defendants had scammed investors and caused serious harm to both the company and the public. “Having regard to the nature of transactions entered into by defendant nos.1 and 2 and the manner in which the rogue website was being misused to not only infringe the registered trademarks of the plaintiffs but also to cheat the investors and the general public, the plaintiffs have established a strong case for decree of permanent injunction as prayed for in prayer clause of the plaint,” the court observed.
The suit was decreed and disposed of on February 4, 2026.
For Hero Electric Vehicles Private Limited: Advocate Pragya Mishra
None for the rogue websites