The Supreme Court of India restored contempt proceedings in the HERO trademark dispute between Hero Cycles Limited and Hero Ecotech Limited, setting aside the Patna High Court order that quashed action under Order XXXIX Rule 2A CPC.
Delhi High Court ruled that prior use prevails over later trademark registration, affirming protection under Trade Marks Act, 1999, for brand ARUN through evidence of long usage, advertising, sales, litigation history, secondary meaning, and acquired distinctiveness.
