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2022 Supreme(Del) 2050

PRATHIBA M. SINGH
Deere and Company – Appellant
Versus
Jitender Kumar Gaur – Respondent


Advocates appeared:
Pravin Anand, Karan Kamra and Ms. Vaishali Mittal, Advocates, for the Plaintiffs.
Vijay Kasana, Advocate, for the Defendants.

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:

MarkTrademark Nos.Date of ApplicationClass
TORQ-GARD340910311th November, 20164
JOHN DEERE95056128th August, 20007
JOHN DEERE27146621st April, 19717
JOHN DEERE16737308th April, 20084
95057028th August, 20007
167542211th April, 20084
155176120th April, 20077

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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