Infringement occurs when other person uses a trademark that is same or similar to registered trademark for the same or similar goods/services.

Infringement occurs when other person uses a trademark that is same or similar to registered trademark for the same or similar goods/services. And so is THE TRADEMARK INFRINGEMENT CASE STATED :

The Delhi high court recently restrained Green Lights Foods Private Limited on using the title of ‘Monsoon Harvest’, ‘Wingreens Monsoon Harvest’ or any other trademark similar to ‘Monsoon Harvest Farms’ after the latter, Preetendra Singh Aulakh filed a suit for infringement.

BACKGROUND OF THE CASE:-

The Plaintiff, Preetendra Singh Aulakh filed the suit before the court regarding their trademark infringement.

Since 1970s, the plaintiff ( Preetendra Singh Aulakh )  claims, he and his family have been selling edible oils, raw and unprocessed agricultural and horticultural products, as well as fresh fruits and vegetables.

According to the complainant, his company began using the mark ‘Monsoon Harvest Farms’ and the device mark with the same name in November 2006.

The defendant (Green Lights Foods Private Limited ) has done the same activity in 2015 and argues that their name is ‘Wingreen Monsoon Harvest’. They argued that the company has now adopted a new mark, ‘Wingreens Monsoon Harvest,’ which distinguishes the plaintiff’s and defendant’s marks even more, and so there is no question of infringement or passing off.

In response to this, the court stated that the simple addition of the words ‘Wingreens’ or the logo to the defendant’s mark is not regarded sufficient to vary the same.

The defendant (Green Lights Foods Private Limited )  started to adopt it recently. The court also noted that, while there is no direct display of the mark in the defendant’s company, the indirect and concealed use of the same is reflected, which will not allow for difference.

 Justice Navin Chawla while considering such a case observed that : the mark of ‘Monsoon Harvest’ has been under the name of the plaintiff’s company.

According to the plaintiff (Preetendra Singh Aulakh) , The common mark ‘Monsoon Harvest’ would be confusing to consumers and would result in unfair trading competition.

ORDER BY THE DELHI HIGH COURT:-

The order was issued by Justice Navin Chawla, who found that the proprietors of the mark ‘Monsoon Harvest Farms’ were previous users and that it was visually and phonetically similar to ‘Monsoon Harvest’.

 “In light of the foregoing, the defendant (Green Lights Foods Private Limited ) is barred from using the mark ‘MONSOON HARVEST’ and/or the logo and/or for the new mark and/or any other mark or name identical and/or deceptively and confusingly similar to the plaintiff’s earlier and registered trademarks MONSOON HARVEST FARMS either as a trade mark or part of a trade mark, a trade name or corporate name or as part of a trade or corporate name, part of a domain name or in any other manner whatsoever, so as to infringe the registered trademarks of the plaintiff or pass off the same, till the pendency of the present suit,” the Court ordered.

 “The plaintiff’s and defendant’s goods are similar and allied in that they are food items sold over the counter, and the attempt to distinguish them on the basis of one being processed and the other being unprocessed appears to be artificial,” the Court ruled.

According to the court, this case appears to be prima facie in favour of the plaintiff (Preetendra Singh Aulakh). Furthermore, the balance of convenience favours the plaintiff because the relevant mark was already owned by Preetendra’s company in 2006. As a result, order of interim injunction was passed by The Delhi High court.