Food Company to isolate the title ‘Monsoon Harvest’ from its name: Delhi High Court in response to the suit file of Monsoon Harvest Farms

The Delhi high court recently restrained Green Lights Foods Private Limited on using the title of ‘Monsoon Harvest’. The Plaintiff, Preetendra Singh Aulakh filed the suit before the court due to their trademark infringement. 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. The defendant started to adopt it recently. Therefore, the court had also observed that although there is no exact display of the mark in the defendant’s company but still the indirect and hidden use of the same is reflecting which won’t make the differentiation.

 Preetendra Singh Aulakh in its arguments said that he had initiated his company in 1970. He was dealing with the products like raw and unprocessed agricultural, and horticulture products followed by fresh fruits and vegetables[1]. Eventually, he and his family started to commence their business under the name of ‘Monsoon Harvest Firm’ in 2006. The defendant has done the same activity in 2015 and argues that their name is ‘Wingreen Monsoon Harvest’. Finally, the court in reaction to this fact, said that the mere addition of the word ‘Wingreens’ or the logo in the defendant’s mark is not deemed sufficient to variate the same[2]. According to the plaintiff, the common mark in the form of ‘Monsoon Harvest’ would confuse the consumers and it would lead to unfair competition.

The court said that this case is prima facie which genuinely favors the plaintiff’s end. Additionally, the balance of the convenience is also on the side of the plaintiff as the concerned mark had already been owned by Preetendra’s company in 2006[3]. Hence the court passed the interim injunction.

Aniruddh Atul Garg, student at ILSR, GLA University, Mathura, 2^nd Semester, an intern under Legal Vidhiya

[1] BAR AND BENCH, https://www.barandbench.com/news/litigation/delhi-high-court-restrains-food-company-using-monsoon-harvest-name-after-monsoon-harvest-farms-infringement (last visited 6^th May 2023).

[2] LIVE LAW, https://www.livelaw.in/amp/high-court/delhi-high-court/delhi-high-court-trademark-infringement-monsoon-harvest-farms-logo-prefix-distinguish-similar-confusing-trademark-228089 (last visited 6^th  May 2023).

[3] Ibid

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