In a trademark dispute filed by Matter Motor Works Pvt Ltd before the Delhi High Court, Hero MotoCorp Ltd has undertaken that it will cease using the mark “AERA”.
The suit filed by electric two-wheeler startup Matter Motor last year alleges infringement of Matter’s registered trademark AERA and its variants. The company sought to restrain Hero from using the marks “AERA-Tech” and “AERA – Advanced Electronic Ride Assist”, claiming trademark infringement, passing off and unfair trade practices.
Ahmedabad-based Matter Motor's current vehicle portfolio has only one electric motorcycle, which is named Aera.
During the hearing, counsel for Hero submitted that the company would abide by an assurance earlier given to the court on January 9 and would not use the mark Aera. The court accepted the undertaking and disposed of the interim injunction application, noting that Hero would remain bound by its statement.
In an affidavit placed on record, Hero said AERA-Tech was used as an acronym for Advanced Electric Ride Assist, describing a proprietary technology deployed in its Glamour and Glamour X motorcycles. The company stated that the mark was not used as a model name and that its products prominently bore the registered marks Glamour and Hero.
Hero further said it has completely ceased use of AERA-Tech from January 9 this year and that no motorcycles bearing the mark have been manufactured after that. The company added that it has no intention of using the mark in the future and will withdraw six trademark applications related to AERA-Tech and “AERA – Advanced Electronic Ride Assist” across categories.
This is not a final judgment in the lawsuit. The matter has been listed before the Joint Registrar for further proceedings on March 9.