The Hindustan Times reports that BMW approached the Delhi High Court in 2017 after discovering that Om Balajee Automobile (India) Private Limited had been selling e-rickshaws branded as ‘DMW’ models since 2013.
Om Balajee Automobile wasn’t too pleased with BMW going after it and expressed concerns with the delay in the automaker approaching the high court with its complaints. In a ruling, however, Justice Jayant Nath said it didn’t matter that BMW took a while to file suit and ruled the rickshaw manufacturer was infringing on the carmaker’s copyright.
“Even if there was delay on the part of the plaintiff (BMW) in filing of the present suit as has been claimed by the defendant (Om Balajee), the same delay would not be sufficient to deter grant of injunction in favor of plaintiff.”
The court noted in its order that BMW has been producing motorcycles since 1923 and cars since 1928, adding that the Indian company’s use of the DMW brand “appears to be a dishonest act with an intention of trying to take advantage of the reputation and goodwill” of BMW.
“It is likely to mislead an average man of ordinary intelligence,” the court added.
The court also said that the brand logo of DMW was “visually and phonetically similar” to BMW. The Indian company has been ordered to restrain from “manufacturing exporting, importing or offering for sale, advertising or in any manner dealing with goods not limited to e-rickshaws bearing the mark DMW or any other mark which are identical or deceptively similar to the plaintiff’s BMW marks.”