JUDGMENT :

Navin Chawla, J.

I.A.10701/2020

1. The present application has been filed by the plaintiff under Order XXXIX Rules 1 and 2 of the Civil Procedure Code, 1908 (hereinafter referred to as the ‘CPC’) praying for an ad-interim order of injunction against the defendant restraining it from manufacturing, distributing, exporting, selling, offering for sale, advertising, promoting, displaying, and/or using, in any manner whatsoever the impugned mark ‘MONSOON HARVEST’/’ which the plaintiff alleges is similar to his trade mark ‘MONSOON HARVEST FARMS/either as a trade mark/trade or corporate name/domain name or in any manner whatsoever.

2. At the outset, it is to be noted that during the course of hearing of the application, the defendant stated that it has changed its mark and logo to as under:

FACTUAL BACKGROUND

i) Case of the plaintiff

3. The plaintiff asserts that it is engaged in the business of agriculture and agricultural products through his family since the 1970s, with the plaintiff entering the business of organic farming in the year 2002.

4. It is the case of the plaintiff that the