The division bench of the Madras High Court has ruled that TVS Motor can manufacture and market 125 CC Flame in its original form. The verdict was out after more than a year of legal battle.

The two-member bench has lifted a provisional injunction that prevented TVS from using an engine with two spark plugs and three valves “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.

The application filed by TVS Motor against Bajaj from interfering in the manufacturing and marketing of 125 cc Flame with 3 valves and 2 spark plugs was allowed; with the result that TVS Motor was allowed to manufacture and market 125 cc Flame. The order was passed on Tuesday.
 
TVS Motor was enforced to re-launch its 125-cc Flame motorcycle last year, in the wake of an engine technology patent row with Bajaj Auto. The re-launched version has come with a single spark plug, replacing the twin spark plug that set off the legal tussle between the companies.

However the division bench has said that the product manufactured by TVS has a distinctive feature, which is different from Bajaj’s patent. The bench set aside the order of the single judge and discontinued the injunction granted by him.

In a press release, TVs Motor said, “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.” It is still unclear whether Bajaj will counter the division bench’s order by appealing to the Supreme Court.

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Best Selling TVS Models Available in India:
TVS Star Sport
TVS Star City
TVS Flame SelfStart
TVS Apache RTR 160 KickStart
TVS Scooty Pep+

Related Books:
Topsy and Tim have new bikes
Half a Bike
Bike Repair Manual

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Posted by Amrith K.A on 21 May, 2009 2:47:00 PM IST #