“TVS Motor has right from the beginning asserted that their product in no way infringes the technology of Bajaj Auto. This ruling has vindicated TVS Motor Company,” said a press release from TVS Motors. The statement comes after a division bench of Madras High Court ruled in favour of TVS Motors enabling it to manufacture and sell 125cc Flame in its actual form.
TVS Motors was forced to launch its model Flame 125cc with single spark plug by replacing its twin-spark plug when Bajaj Auto alleged that the twin-spark plug model infringes its technology patent. A single judge ruling in favour of Bajaj Auto forced TVS Motors to re-launch the model. However, later on the division bench ruled that the technology used by TVS is different from Bajaj’s patent which enables TVS to manufacture Flame 125cc model in its original form.
“The interim injunction application filed by Bajaj against TVS Motor, restraining TVS Motor from manufacturing and marketing 125 cc Flame on the ground that it infringes their patent was dismissed by a division bench of the Madras High Court- comprising Justice Mukhopadhyay and Ibrahim Kalifulla,” said AL Somayaji, senior counsel, who argued on behalf of TVS Motor.