Mahindra & Mahindra is worried about reputation as counterfeit spares hit the market

Lalit Shastri

Mahindra and MahindraMahindra & Mahindra, the Indian auto giant facing the impact of a big drop in the Q4 2015 net profit due to lower sales, also has been rocked by counterfeit, fake and sub-standard automotive components allegedly being passed on as original Mahindra product by some “unknown persons” in Delhi and other parts of the country.

The case in point is the detection by Mahindra & Mahindra that duplicate copies of the original oil filter and element fuel filter (primary and SE) commonly known as air filter produced and marketed by them were being sold in the market. In this way both the buyers of these products and the company (Mahindra and Mahindra) were being cheated by those involved in this illegal activity.This is the contention of the company that also says that it would stand not only to lose its revenues and market share but also suffer irreparable loss and injury to its reputation and goodwill.

After collecting evidence, the company – Mahindra & Mahindra Limited – was compelled to file a petition in the Court of the Chief Metropolitan Magistrate here with the prayer that this case be referred under the Provision of section 156 (3) read with section 155(2) of Cr.P.C. to the Deputy Commissioner of Police, North, Delhi with directions as prayed for hereinafter. The company also urged the court to direct the Deputy Commissioner of Police, Crime, Economic Offences Wing, New Delhi or any police officer authorized by him to investigate and find out the culprits and offenders and also issue Warrants and directions to the Deputy Commission of Police (Crime) New Delhi, under Section 93 & 94 Cr.P.C. directing him or other police officer authorized by him to search shops and godowns in North District of Delhi, seize all objectionable articles to produce evidence before Court.

counterfeitOn court’s order, a case has been registered on 29 May by EOW, Delhi under relevant sections of the Copy Right Act and the Trade Marks Act. The FIR places on record that the original box (of element fuel filter of `Mahindra & Mahindra Ltd) has been made with good quality of cardboard having very fine printing (shining) whereas the duplicate product has been packed in a box made of poor quality of cardboard and the printing on it is dull. The cloth used in original element fuel filter primary is of dark blue colour whereas the cloth used in duplicate element fuel filter primary is of light blue colour. In the logo on the original element fuel filter primary ‘M’ of ‘Mahindra’ is written in capital letter whereas the same is written in small letter (small ‘m’ for Mahindra) on duplicate element fuel filter primary. The black rubber used on the top and bottom of the original element fuel filter-SE is fixed from inside and is not detachable whereas the black rubber used on the top and bottom of the duplicate element fuel filter-SE is not fixed and easily comes out. The number of holes done on the yellow paper wrapped on the original element fuel filter-SE are more than the holes done on the yellow paper wrapped on the duplicate element fuel filter-SE. There is double thread stitching on the original element fuel filter-SE whereas single thread stitching on the duplicate element fuel filter-SE.

It has been pointed out by “Mahindra & Mahindra” that they decorate and distinguish their products and their packaging by using various artistic works for which they won the copyright and have the exclusive right to use these trademarks and copyrights on their products and packaging. It has also been emphasised by the company that it has spent considerable resources in promoting and popularizing these trademarks and creating these copyrighted artistic works.

The company has pointed out that it manufactures high quality goods and products at its manufacturing units at various locations. They are manufacturing their products by using latest technologies and following high standards of quality control procedures. The products of the company are of very high quality and these are associated with their trademarks and identified as their copyrighted works. The company enjoys goodwill and reputation for its products. The company stands to suffer serious losses and prejudices if any person illegally violates and misuses its trademark and copyrighted works to market their own counterfeit, spurious and substandard products.

The FIR says that that some “unknown persons” are infringing the trade marks and copyrights owned by Mahindra & Mahindra. These persons are engaged in the business of manufacturing, making, distributing and marketing and selling the counterfeit products by falsifying, as well as falsely applying to their goods and products and their packaging’s, the trademarks belonging to Mahindra , including the company emblem- symbol mark and other artistic works comprising of distinctive drawings, painting, words, color schemes, slogans, diagrammatic representations, stickers and labels.

It has also been recorded in the FIR that these persons are counterfeiting their trademarks and copyrights upon the products manufactured by them as well as on the packaging. These persons are also applying the name “Mahindra & Mahindra” and the address of their offices and factories on their counterfeit products and their packaging falsely and fraudulently showing them as Mahindra products, whereas actually these are manufactured by unknown persons who have no association with that company. In this way they are passing off, and inducing the public and consumer to purchase, their inferior products. Hence they are not only causing loss of revenue to Mahindra and Mahindra but also causing damage to their reputation and goodwill. The consumer or the public also looses and is harmed. In this way they are committing the offence of cheating and forgery.

It is further recorded in the FIR that these persons have made the duplicate die’s, blocks, plates, instruments, devices, implements and machinery for the purpose of falsifying the Mahindra trade marks. These persons are also permitting the premises and establishments in their possession or ownership for selling such spurious goods to the public under falsified trade marks. The FIR also underscores that these unknown persons are “very cunning and are able to remove their goods and stocks very quickly on the slightest hint of being detected”.

The affected auto giant is engaged in the business of manufacturing, distributing and marketing motor land vehicles, utility vehicles, automobiles, scooters, motor cycles, bicycles, tricycles, tractors, tractor engines and parts, fittings and accessories for all vehicles, including automotive components and accessories, engines for motor land vehicles, tyres, and tubes for all kind of vehicles in India under their brand name and Trade Mark.

M 7.8 earthquake strikes Japan’s Bonin islands

Newsroom24x7 Desk

earthquake may 30An earthquake of 7.8 magnitude struck Japan’s Bonin Islands at a depth of 677.6 kms in the pacific Ocean. The earthquake was observed in Chichishima on Saturday, according to USGS.

Another earthquake of magnitide 6.2 hit Izu Islands in Japan.

Strong tremors were felt in Tokyo, the capital of Japan. Even in delhi residents felt the tremors.

According ot available information Tokyo’s Narita Airporat was functioning normally but the bullet train service between Tokyo and Osaka was halted due to power outage.

earthquake and tremors 30 mayOn Saturday tremors measuring less than 6 on the Richter scale were also recorded at several places across the globe.

CBI indicts Gorkha Janmukti Morcha leadership in Madan Tamang murder case

Newsroom24x7 Desk

Madan Tamang
Madan Tamang

New Delhi: The Central Bureau of Investigation on Friday filed supplementary charge sheet against the entire top leadership of Darjeeling’s ruling party – Gorkha Janmukti Morcha (GJM), the Chief of Gorkhaland Territorial Administration (GTA) and eight others, including an MLA from Kalimpong Assembly Constituency of West Bengal; then Deputy Chief Executive of Gorkhaland Territorial Administration (GTA); then Vice President of GJM, the then Chairman of GTA and a few others for criminal conspiracy and murder of Madan Tamang, a Gorkha leader and the president of Akhil Bharatiya Gorkha League (ABGL) – a moderate faction of the Gorkhaland movement.

Those accused in the Magan Tamang muder case have been charged by the CBI for criminal intimidation and other offences under section 120-B read with 150, 506, 302 of IPC and against 14 others for criminal conspiracy for murder, rioting armed with deadly weapons, and committing murder under section 120B read with 147, 148, 149, 427, 506, 302 of IPC in the Court of Principal District and Sessions Judge, Calcutta Civil and Sessions Court, Bichar Bhavan, Kolkata(West Bengal).

CBI registered the case and took over the investigation of FIR No.89/10 of Sadar Police Station, Darjeeling (West Bengal) registered on 21 May 2010 under section 147, 148, 149, 427, 506, 302, 120-B of IPC and added Section 34 of IPC.

It was alleged in the FIR that at around 09.20 AM on 21.05.2010 while Madan Tamang, a Gorkha leader, and the president of Akhil Bharatiya Gorkha League (ABGL)- a moderate faction of the Gorkhaland movement – was busy in the preparation of a public meeting at Club side Motor Stand of Darjeeling, a gang of another private organisation who were armed with deadly weapons suddenly attacked the supporters of Tamang. In this attack, Tamang, who was hacked by khukris, sustained grievous injuries and was shifted to hospital where doctor declared him brought dead.

How a leopard was captured and set free in Pench buffer area

 

Sanjay Shukla
Chief Conservator of Forest, Government of Madhya Pradesh, India

Lepard CaputureIt was business as usual on 22 May also.One had finished office work, reached home and was about to start dinner when R S Kori, DFO South Seoni Division called up to inform me that a leopard had entered a house in Chichaldoh Maal village about 60 kms from Seoni, . It was about 10.00 pm when I got this message. In the meantime Mr Kori had instructed his SDO, ROs and other subordinate staff to reach the spot. We immediately started from Seoni and reached the village by 11.45 pm.

As we reached the village, we found that a large number of people had already gathered and surrounded the hut where the leopard was trapped.

The leopard, following the goats for a kill, had entered the hut that belonged to an old lady. She is a widow and lives alone. She keeps her goats also in the same hut. When the leopard entered the hut she was not present. On returning as she entered the hut, she found that a goat had been killed. At the same moment she saw s leopard killing another goat. Immediately, she rushed out and showing lot of presence of mind, took the help of the villagers managed to shut the doors and windows, trapping the leopard inside.

Firstly we decided to let the leopard make free so that it may escape to the adjoining forest area taking advantage of darkness. But the villagers didn’t agree to this, as they said that this animal is continuously moving around the village for last one month.They were not able to sleep in the open despite the hot weather as they were afraid of the leopard. It had killed one more goat in the same hut where it was trapped just a week ago. Considering that if the leopard is let free, it may again become a problem for the villagers and if there is any loss or damage to human life, it may turn into a law and order problem.

I discussed this issue with DFO, SDO, staff and villagers and decided to capture the leopard the next day. As capture wiould have required tranquilisation also, I discussed this with Dr Akhilesh Mishra. As he was reaching Seoni in the afternoon, we planned the capture the next afternoon.

During this period the difficult task was to manage and control the crowd. SDOs, ROs and other field staff of Seoni and Balaghat Circle did a commendable job of controlling the crowd. A rescue team of Pench Tiger Reserve also reached he spot with their rescue vehicle by 3.00 pm and within an hour we could capture the leopard passively in the cage without causing any injury to the animal. We wanted to avoid tranquilisation and we could do that. The rescue team did the capture operation fearlessly and with extreme perfection.

Immediately we left the village, and did hold the animal captive even for an hour. The leopard was examined by Dr Akhilesh Mishra and was found to be perfectly healthy. After that the carnivore was set free in the Buffer area of Pench Tiger Reserve near Rukhad about 25 kms from the place where it had been captured. Dr Akhilesh Mishra guided the entire release operation and the leopard found a new home.

It was an operation perfectly executed with the help and support of all the rank of foresters of Seoni Circle, Balaghat Circle and Pench Tiger Reserve.