TVS Motors to Sell Flame Under New Name
TVS Motors is getting to re-launch its model Flame under a new brand name which will be a 125cc bike and will not have the controversial twin-spark technology and is code named as TVS Flame SR125. TVS Motors has been locked in the controversial legal battle with Bajaj Auto over the patent infringement which forced TVS to take Flame off the roads.
An interim judgment passed by the Supreme Court has permitted TVS Motors to manufacture the model but has restricted it to market it in the Indian market. The new order comes as a stay over Chennai High Court's order which had allowed the company to manufacture and sell the model under the brand name Flame.
According to sources close to the development program, SR125 will be launched by the end of this month along with Apache 180. The company expects rise in sales just before the onset of monsoons and launch of these two models are a part of the marketing strategy to cash in on surge in the demand before monsoon.
[Via: cartradeinida]
TVS Can Sell Original Flame
Clearing the decks for TVS Motor to manufacture and market its 125cc Flame, in its original form, the Madras High Court on Monday lifted an order of injunction which restrained the company from using internal combustion engine with three valves and two spark plugs. TVS now sells, Flame under a completely different technology as against the originally planned one.
Bajaj Auto Ltd had accused TVS Motor of copying its patented technology and moved the courts. In a petition , Bajaj claimed that though it had patent for an internal combustion engine with four stroke, two plugs and two valves configuration, TVS had infringed the rights as it had planned a new motorcycle with similar technology. On February 16, 2008, a single judge restrained TVS from using the technology on its new bike model.
On Monday, setting aside the order, a division Bench comprising justice S J Mukhopadhaya and Justice F M Ibrahim Kalifulla said photographs disclosed a marked difference between three valve configuration of TVS and the two valve configuration of Bajaj vis-a-vis the positioning of the twin plugs in the engine.
Concurring with the TVS' submission that its third valve is not merely a cosmetic change, the judges said improved internal combustion working on four stroke principle of Bajaj and the four stroke internal combustion engine with at least two inlet valve and one exhaust valve of TVS were distinct from each other and both were entitled to equal protection of the Patents Act.
While Bajaj obtained patent for its engine, TVS said it possessed licence for the same technology from AVL of Austria. The judges said that since TVS was supported by valid patent as licensee no interim injunction should have been granted against it.
[Via: motorbeam]
Two Wheeler Registration Banned in Madhya Pradesh
The registration of the two-wheelers has been banned in Madhya Pradesh. There has been an ongoing dispute relating to the positioning of the handgrip on the vehicle. The existing positioning of the handgrip is above the tail light. The Madhya Pradesh High Court ruled that it should be placed between the driver and the pillion rider. To make the matters worse, it also banned the sale of two-wheelers if they did not conform to the ruling.
Two wheeler's association including two of the major two-wheeler manufacturers then rushed to the Supreme Court to obtain a stay challenging the verdict and complaining of judiciary over-stretching its public interest jurisdiction. A bench comprising of two chief justices from Supreme Court stayed the order till 19th December when the appeal would be heard in detail.
Madhya Pradesh government has stopped registration of the two-wheeler in the state till a final verdict is reached on the issue. "We have stopped the registration of two-wheelers in the state after the HC direction to ensure that two-wheelers have in-built protection system for pillion riders as per the rule 123 of the Central Motor Vehicle Act 1989.
The process of registration of two-wheelers will resume after we find that the rule for the protection of pillion riders has been adhered," Deputy Transport Commissioner (Enforcement), Upendra Jain said. "We have categorically told the dealers not to sell their products till the anomalies in connection with pillion riders protection was taken care of," he added.
[Via: cartradeindia]
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