Delhi High Court Bans EV Startup from Using ‘Destiny’ Trademark, Rules in Favour of Hero MotoCorp

By prutha vamar

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In a landmark judgment, the Delhi High Court has ruled in favour of India’s largest two-wheeler manufacturer, Hero MotoCorp, in a trademark dispute against an electric vehicle (EV) startup. The case revolved around the use of the word “Destiny”, a registered trademark belonging to Hero MotoCorp, which the startup was allegedly using to promote its electric scooters.

The verdict, which prohibits the EV startup from using the “Destiny” name in any form, not only reinforces Hero MotoCorp’s brand rights but also highlights the importance of intellectual property protection in India’s fast-evolving automotive sector.


Background of the Case

Hero MotoCorp has been a pioneer in India’s two-wheeler market for decades, with several successful brands and models under its belt. One of its products, the Hero Destini 125 scooter, launched in 2018, has been a popular choice among urban commuters due to its affordability, practicality, and mileage.

The issue arose when a new EV startup entered the market and began using the name “Destiny” for its electric scooters. Hero MotoCorp, citing infringement of its registered trademark “Destini”, approached the Delhi High Court, arguing that the startup’s use of a nearly identical name could confuse customers and dilute its brand identity.


Hero MotoCorp’s Arguments

Hero MotoCorp’s legal team put forth strong arguments before the court:

  1. Registered Trademark Ownership – Hero MotoCorp has exclusive rights to the “Destini” trademark, which is officially registered under India’s Trademark Act.
  2. Brand Confusion Risk – The similarity between “Destini” and “Destiny” could mislead consumers into believing that the EV startup’s products were associated with Hero MotoCorp.
  3. Market Reputation – The Hero Destini scooter already enjoys significant brand recognition. Allowing another company to use a similar name could harm Hero’s reputation and goodwill.
  4. Unfair Advantage – By using “Destiny,” the startup was attempting to capitalize on Hero MotoCorp’s brand equity and market presence.

The EV Startup’s Defense

The EV startup, on the other hand, argued that the word “Destiny” is generic and commonly used in the English language, and therefore should not be monopolized by one company. It also claimed that its electric scooters were entirely different from Hero MotoCorp’s petrol-powered Destini 125 in terms of technology, target audience, and brand positioning.

However, the court did not find these arguments strong enough to override Hero MotoCorp’s registered rights.


The Delhi High Court’s Verdict

After reviewing the case, the Delhi High Court ruled in favour of Hero MotoCorp. Key takeaways from the judgment include:

  1. Trademark Infringement Established – The court held that the use of “Destiny” by the EV startup was deceptively similar to Hero MotoCorp’s “Destini” trademark.
  2. Consumer Confusion – The court observed that customers might mistakenly associate the startup’s EV scooters with Hero MotoCorp, especially since both fall under the same product category—two-wheelers.
  3. Injunction Granted – The EV startup was barred from using “Destiny” or any similar-sounding trademark in relation to its products.
  4. Importance of Brand Identity – The judgment emphasized that trademarks serve as identifiers of quality and source. Allowing misuse would dilute brand value and mislead consumers.

This ruling sends a strong message about the strict enforcement of trademark rights in India, especially in industries like automobiles, where brand names directly influence consumer trust.


Why This Case Matters

The verdict has implications beyond just Hero MotoCorp and the EV startup involved. It highlights key aspects of India’s business and legal environment:

  • Strengthening IP Protection: The ruling reinforces that registered trademarks enjoy strong protection under Indian law.
  • EV Industry Watchpoint: As electric vehicles grow in popularity, new startups must be cautious about naming their products and ensure they don’t infringe on established players’ rights.
  • Consumer Protection: Preventing brand confusion ensures that customers are not misled into buying products they assume are linked to reputed manufacturers.
  • Level Playing Field: Startups must innovate with originality rather than attempt to piggyback on the goodwill of industry giants.

Impact on the EV Startup

The immediate impact on the EV startup is significant:

  1. Rebranding Costs – The startup will have to change its product names, packaging, marketing materials, and brand identity, which could be financially burdensome.
  2. Loss of Market Momentum – Any recognition or traction the “Destiny” scooters gained will now need to be rebuilt under a new name.
  3. Credibility Issues – Customers may view the startup less favorably due to its involvement in a trademark dispute.

While this poses a short-term challenge, it also serves as a learning opportunity for new businesses to respect intellectual property from the outset.


What It Means for Hero MotoCorp

For Hero MotoCorp, the verdict is a significant victory that:

  • Safeguards Its Brand: The “Destini” brand remains exclusive to Hero, without risk of dilution.
  • Reinforces Market Dominance: By protecting its IP, Hero sends a message that it will aggressively defend its turf in both conventional and electric two-wheeler markets.
  • Future-Ready Strategy: Hero MotoCorp itself has ventured into the EV space with its Vida brand. Ensuring that its existing trademarks are protected strengthens its position as it expands into electric mobility.

Broader Industry Lessons

The Delhi High Court’s ruling highlights several lessons for the wider automobile and startup ecosystem:

  1. Choose Distinctive Names – Startups must invest in unique and legally compliant branding to avoid conflicts.
  2. Conduct Trademark Searches – Before launching a product, companies should thoroughly check existing trademarks.
  3. Legal Preparedness – Both established players and startups need strong legal strategies to protect their intellectual property.
  4. Brand Value Matters – In a competitive industry like automobiles, brand identity is just as important as technology and pricing.

Conclusion

The Delhi High Court’s decision to bar the EV startup from using the “Destiny” name is a major win for Hero MotoCorp and a crucial reminder of the importance of intellectual property rights in India. For Hero, it safeguards the legacy of its Destini scooter and strengthens its foothold in a competitive market. For startups, it underscores the need for originality and compliance when building a brand.

As India’s automobile sector rapidly transitions toward electric mobility, such legal disputes may become more frequent. However, this ruling sets a strong precedent—protecting not just the rights of established companies but also ensuring clarity and trust for consumers.

This Diwali season, while consumers may enjoy discounts and launches, the industry will remember this as a defining case in India’s trademark and brand protection journey.

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