Madras High Court prohibits sale of TVS Flame

Chennai: With the Madras High Court barring the sale and manufacture of TVS Motor's 125cc Flame motorcycle Bajaj Auto seems to have emerged victorious, at least for the time being, in its ongoing battle with the South-based company over the marketing of its 125cc TVS Flame, with TVS retaliating with a defamation suit (See: TVS Motor sues Bajaj Auto for defamation, claims Rs250-cr damages
 
The Pune-based Bajaj Auto had filed a case against the South-based TVS Motors India's third- biggest two-wheeler maker last September alleging infringement of its patented DTSi technology.

Bajaj Auto says it was awarded the global and Indian patent 195904 for the DTSi technology for small engines on 16 July 2002 for a period of 20 years. It also alleges TVS Motors is using this technology in the Flame bike.

TVS Motors has responded by saying that the Flame is fitted with a three-valve engine based on CCVTi (Controlled Combustion Variable Timing Intelligent) technology, which is different from the technology used by Bajaj Auto. It denies having infringed on anyone's technology for the 125cc Flame bike.

The latest interim order by Justice P Jothimani dismissed TVS' application to go ahead with bookings of its motorbike Flame. The judge granted the stay order on a suit filed by Bajaj and passed an order restraining TVS Motor from manufacturing, marketing and selling of Flame.

The judge also dismissed a petition filed by TVS Motor Company to restrain Bajaj from interfering with the manufacture and sale of its new bike Flame. The new order overrules an earlier 20 December 2007 verdict of the same court which allowed TVS to take orders on the 125cc model.

The court also dismissed a petition filed by TVS under section 106 of the Patent Act, which deals with the power of the court to grant relief in "cases of groundless threat of infringement proceedings."