TVS may sue Bajaj for Rs 250cr
TVS Motor Company, on Sunday, said it would file a suit for damages of Rs 250 crore against Bajaj Auto if the latter does not withdraw its malicious allegations that the company infringed upon its IP rights.
"TVS Motor is surprised at the wild and irresponsible allegations made by Bajaj Auto accusing TVS Motor Company of breaching their patent rights. The accusation is a malicious attempt to tarnish the fair name of a corporate that belongs to TVS group, which has consistently maintained the highest standards of ethics in business," the company said in a statement.
That the allegation of Bajaj Auto is ridiculous can be established by their own admission that the invention in issue, namely the application of twin spark plug is a known technology extensively in use all over the world for several decades, and therefore in patent law a known prior art, TVS pointed out.
The patent that Bajaj claims is not for the use of twin spark plug technology per se but for the use of the two spark plug in a two valve IC engine with a detachably fixed sleeve. The company said an application for revocation has already been filed based on settled case law on the subject against the patent. In any event, the use of twin spark plug technology by TVS Motor does not infringe the above patent against which revocation proceedings are initiated.
In the circumstances and view of the malicious allegation made with the motive to damage our reputation, TVS Motor Company has been advised to initiate action for libel against Bajaj Auto.
"TVS Motor Company, therefore, has advised its lawyers to put Bajaj Auto on notice that unless the malicious allegations are withdrawn and regrets expressed to file a suit for damages of Rs 250 crore," the statement added.
This action does not preclude TVS Motor from initiating other action as the law may permit including criminal action against officials of Bajaj Auto who used libellous language against TVS Motor.
