In a recent development, the Delhi High Court has granted an interim injunction against a Tamil Nadu-based manufacturer, prohibiting them from using the “Monsoon Harvest” mark during the pendency of a trademark infringement suit filed by the owner of “Monsoon Harvest Farms”. Justice Navin Chawla noted that the plaintiff, Preetendra Singh Aulakh, is the registered proprietor of the “Monsoon Harvest Farms” mark and has been its prior user.
The court found that the defendant’s product is deceptively and confusingly similar to the plaintiff’s mark. The interim injunction, therefore, restrains the defendant from using the infringing mark until the resolution of the trademark infringement suit. This decision is likely to have far-reaching implications for future trademark disputes and highlights the importance of establishing prior usage and registration of trademarks.
The court noted that both food items sold by the plaintiff and defendant were similar and allied, and therefore, their attempt to distinguish between them based on processing was artificial. The plaintiff, Preetendra Singh Aulakh, filed a lawsuit against Green Light Foods Private Limited, alleging that the entity deliberately copied its trademark “Monsoon Harvest Farms” to deceive consumers and the public.
The plaintiff’s lawsuit contended that such adoption and use of marks amounted to trademark infringement, passing off, and unfair competition. The court found merit in the plaintiff’s claims and granted an interim injunction against the defendant, restraining them from using the infringing mark until the resolution of the trademark infringement suit. This decision highlights the importance of protecting trademarks and preventing deceptive practices that may cause confusion among consumers.
Justice Navin Chawla of the Delhi High Court passed an interim order in a trademark infringement and passing off suit filed by Preetendra Singh Aulakh against Green Light Foods Private Limited. The court found that Aulakh had made a prima facie case of infringement and passing off against Green Light Foods, and that the balance of convenience was in favor of Aulakh, who is the prior adopter of the mark “Monsoon Harvest Farms.”
The court noted that if Green Light Foods is not restrained from selling its products using similar marks for similar goods, Aulakh is likely to suffer grave irreparable injury. Additionally, the court observed that both parties’ goods are allied and cognate products, and that Aulakh’s trademark is registered and prior in use, while Green Light Foods’ use of a similar mark is likely to deceive consumers. Therefore, the court restrained Green Light Foods from using the “Monsoon Harvest” mark until the suit is disposed of.
Justice Chawla noted that the end consumers of both parties’ products are the retail consumers. As both the plaintiff and the defendant operate in the food industry, their products are typically sold through the same supply chain to the same customers.
Therefore, there is a possibility that the customers may mistake the products of the defendant to be those of the plaintiff. The court further observed that the plaintiff had produced evidence showing that the use of similar marks by the defendant had caused confusion in the minds of the consumers. Based on these observations, the court opined that the goods of both parties are allied and cognate products and granted the interim relief to the plaintiff.
Also Read: https://legalreferencer.in/kerala-story-kerala-high-court/