PRATHIBA M. SINGH
Deere and Company – Appellant
Versus
Jitender Kumar Gaur – Respondent
JUDGMENT
Prathiba M. Singh, J. (Oral)--This hearing has been done through hybrid mode.
2. The present suit has been filed by the Plaintiffs i.e., Plaintiff No.1 - Deere & Company, USA based company and its Indian subsidiary - John Deere India Pvt. Ltd., Plaintiff No.2, against Defendant No.1 - Mr. Jitender Kumar Gaur, proprietor of M/s. Ansh Enterprises and Defendant No.2 - Mr. Vinay Bansal, proprietor of M/s. Global Sales.
3. The suit relates to the trademarks `TORQ-GARD', `JOHN DEERE' and the `green and yellow' colour combination marks, details of which are as under:
| Mark | Trademark Nos. | Date of Application | Class |
| TORQ-GARD | 3409103 | 11th November, 2016 | 4 |
| JOHN DEERE | 950561 | 28th August, 2000 | 7 |
| JOHN DEERE | 271466 | 21st April, 1971 | 7 |
| JOHN DEERE | 1673730 | 8th April, 2008 | 4 |
![]() | 950570 | 28th August, 2000 | 7 |
![]() | 1675422 | 11th April, 2008 | 4 |
![]() | 1551761 | 20th April, 2007 | 7 |
4. The Plaintiffs are in the business of manufacturing and selling of Agricultural Equipment, Commercial & Consumer Equipment, Turf Construction & Forestry and Finance and also deals in various other products of consumers such as Engines and Drive Train Components, Electronic Solutions, Government and Military Sales, Rental Sales, Parts and Services (Coolant












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