CS(COMM) 509/2020

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on: 28.02.2023

Date of decision: 02.05.2023

+

CS(COMM) 509/2020

PREETENDRA SINGH AULAKH

..... Plaintiff

Through:

Mr.Chander M. Lall, Sr. Adv.

with

Ms.Nancy

Roy,

Ms.Prakriti

Varshney,

Ms.Aastha Kakkar, Mr.Prashant

&

Ms.Ananya

Chugh,

Mr.Prashant,

Ms.Nida

Khananan, Advs.

versus

GREEN LIGHT FOODS PVT. LTD.

..... Defendant

Through:

Mr.Jayant Mehta, Sr. Adv. with

Mr.Sidhant

Goel,

Mr.Mohit

Goel, Mr.Abhishek Kotnala,

Mr.Karmanya Dev Sharma &

Mr.P.D.V. Srikar, Advs.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

J U D G M E N T

I.A.10701/2020

1.

The present application has been filed by the plaintiff under

Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 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

Digitally Signed By:SUNIL

Signing Date:02.05.2023

19:22:09

Signature Not Verified

CS(COMM) 509/2020

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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 plaintiff adopted and started

using the mark ‘MONSOON HARVEST FARMS’ and the device

Digitally Signed By:SUNIL

Signing Date:02.05.2023

19:22:09

Signature Not Verified

CS(COMM) 509/2020

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mark ‘

’, on 1.11.2006, for a wide range of agricultural

products such as rice, fruits, jaggery, pulses, oils, spices, seeds, grains,

pickles, flour and allied products. It is stated that the plaintiff’s

products are high quality products and are certified as organic under

the United States Department of Agriculture (in short, ‘USDA’) as

well as under the National Programme for Organic Production (in

short, ‘the NPOP’) standards. The plaintiff’s products are also

certified by ‘SGS India Pvt. Ltd.’ and‘Ecocert India Pvt. Ltd.’ for

production of organic products. The plaintiff grows, harvests, and

packages its products at its own farm in Punjab and distributes and

markets its products across the country with major sales in Punjab and

Delhi NCR.

5.

The plaintiff has obtained the following registrations of its trade

marks under the Trade Marks Act, 1999 (hereinafter referred to as ‘the

Act’):-

Trade Mark

Cls.

Regn. No.

Date of Regn. User date

MONSOON

HARVEST

FARMS

29 3688135

27/11/2017

01/11/2006

Goods:

Edible Oil

29 3688134

27/11/2017

01/11/2006

Goods:

Edible Oils

30 3688137

27/11/2017

01/11/2006

Digitally Signed By:SUNIL

Signing Date:02.05.2023

19:22:09

Signature Not Verified

CS(COMM) 509/2020

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Goods:

Raw and unprocessed agricultural, horticultural products; raw and unprocessed

grains and seeds; fresh fruit and vegetables and fresh herbs.

MONSOON

HARVEST

FARMS

31 3688136

27/11/2017

01/11/2006

Goods:

Raw and unprocessed agricultural, horticultural products; raw and unprocessed

grains and seeds; fresh fruit and vegetables and fresh herbs.

6.

The plaintiff has also applied for registration of its following

marks, which are pending consideration with the Registrar of Trade

Marks:-

Digitally Signed By:SUNIL

Signing Date:02.05.2023

19:22:09

Signature Not Verified

CS(COMM) 509/2020

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