The Hindu Business Line : Order staying TVS’ Flame sale suspended

Chennai, Dec. 20 The Madras High Court today suspended a single judge order that restrained TVS Motor Company Ltd from booking orders for its new motorcycle, Flame.

The First Bench comprising the Chief Justice, Mr A.P. Shah, and Mr Justice V. Ramasubramanian suspended the order of status quo passed by the single judge staying sale of Flame, until further orders and posted all connected appeals to January 4 and 5, 2008, for further hearing.

It may be noted that on Wednesday, Justice R. Banumathi granted an order of status quo against TVS Motor, on a suit filed by the Bajaj Auto Ltd, which claimed that TVS Motor had infringed its patent rights by copying key features of its patented technology. On Thursday, senior counsel Mr A.L. Somayaji told the First Bench that the interim order was passed without any time being given to TVS Motor to file a counter-affidavit and that TVS Motor had moved the Intellectual Property Appellate Board to revoke the patent granted to Bajaj’s technology.

Senior counsel for Bajaj Auto, Mr Ariyama Sundaram, however, contended that the unique features such as twin spark plug, narrow bore and low emission contributed to fuel efficiency and Bajaj Auto was the patent-holder for the technology. Noting that no prejudice would be caused to TVS Motor if the interim order restraining it from accepting new bookings were to be continued, the counsel denied that TVS Motor possessed any licence to apply such a technology. In its order, the Bench said: “Orders of the Single Judge suspended until further orders. Post the appeals for hearing on January 4 and 5. The appellant (TVS Motor) will not be entitled to claim any equity on account of the sale of these motorbikes in the mean time.”

Meanwhile, it is learnt from TVS Motor dealers that the company intends to continue to take bookings for Flame.

More Stories on : Courts/Legal Issues | IPR | Two/Three Wheelers | Bajaj Auto Ltd

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