Skip to main content

This suit was filed by Hyundai against car companies Mahindra and Renault who had collaborated to form a joint venture in India to launch a hatchback car under the brand SANDERO.

Owing to the similarity between the impugned mark SANDERO and Hyundai’s own famous hatchback SANTRO, Hyundai proceeded to file the suit in 2009 on a quia timet cause of action since the SANDERO car was not yet commercially available in the Indian market.

After Hyundai had led evidence in the suit, the Defendants informed the court that Mahindra and Renault’s joint venture in India had come to an end and they had withdrawn their application seeking registration of the SANDERO mark in India. They did not intend to launch the SANDERO car in India, at the time. However the Defendants were not willing to undertake that they would not launch the SANDERO car in India in future and the matter was kept pending.

The counsel for the parties continued to explore ways for their clients to arrive at a mutual settlement, even at the stage of final hearing, and eventually agreed that:

A The Defendants will tender an undertaking to Court that they will not launch the SANDERO car in India for at least the next 3 years.

B The Plaintiff will withdraw the suit on the basis of this undertaking with liberty to file a fresh suit should any cause of action arise against the Defendants in future.

C The Plaintiff will also be permitted to rely on the evidence led in the present suit in any future proceedings.

The Court accepted the terms of settlement proposed by the parties and recorded the Defendants undertaking. The Plaintiff was permitted to withdraw the suit with liberty to file afresh and rely on the evidence led, in future proceedings.

Hyundai Motor India Ltd. v Mahindra Renault Pvt. Ltd.; before Delhi High Court; order dated 12.10.2017

Most Recent

News & Insights

VIEW ALL
News & Updates
Aug 25, 2025

At the FICCI–ICRIER Conference on SEPs (23rd August 2025), our Managing Partner Mr. Pravin Anand shared his vision on how India can evolve from being

Conference on Standard Essential Patents (SEPs)
News & Updates
Aug 24, 2025

‘Intellectual Property for a company/ creator is as critical and important as human rights for an individual,’ this guiding belief at ANAND AND ANAND

IAM Strategy 300
Thought Leadership
Aug 21, 2025

‘First published on IAM’ By:  Vaishali R Mittal Patent examination by the Indian Patent Office (IPO) has slowed down dramatically over the last few

Patent examination slowdown risks harming India’s IP momentum
Thought Leadership
Jul 28, 2025

‘First published on Asia IP’ By: Pravin Anand In the book What is Life, written in 1944 by theoretical physicist Erwin Schrödinger, the author states: “A

Human versus machine consciousness