Mere Prefix Or Logo Not Sufficient Distinguisher: Delhi High Court Restrains 'Monsoon Harvest' In Trademark Suit By 'Monsoon Harvest Farms'

The Delhi High Court has restrained a Tamil Nadu based manufacturer from using “Monsoon Harvest” mark till the pendency of a trademark infringement suit filed by owner of “Monsoon Harvest Farms”.

Justice Navin Chawla observed that the plaintiff, Preetendra Singh Aulakh, is the registered proprietor of the mark “Monsoon Harvest Farms” and also its prior user, and that the defendant's product is deceptively and confusingly similar.

“The mark of the plaintiff and the defendant prima facie appear to be similar both visually as also phonetically, with ‘MONSOON HARVEST’ being the dominant part thereof. Mere addition of the word ‘WINGREENS’ or the logo in the the defendant’s mark is not sufficient to distinguish the same on application of the test of an unwary purchaser of an average intelligence with an imperfect recollection,” the court said.

It added that both the goods are similar and allied as they are food items which are sold over the counter, adding that the attempt to distinguish them on one being processed and the other being unprocessed “appears to be artificial”.

Aulakh filed suit against Green Light Foods Private Limited alleging that the entity copied its trademark “Monsoon Harvest Farms” with a dishonest intention to deceive the consumer and the public. Such adoption and use of marks, as per the suit, amounted to infringement of Aulakh’s trademarks, passing off, and unfair competition.

Passing interim order in the suit, Justice Chawla said that Aulakh was able to show a prima facie case of infringement and passing off against Green Light Foods Private Limited.

“The balance of convenience is also in favour of the plaintiff and against the defendant inasmuch as the plaintiff is the prior adopter of the mark and is likely to suffer grave irreparable injury in case the defendant is not restrained from selling its products using similar marks for similar goods,” the court said.

Furthermore, the court also observed prima facie the goods of both the parties were “allied and cognate products.”

“The respective users of the goods of both the parties are the end point retail consumers. The plaintiff and the defendant are entities which come under the food industry. Moreover, the goods of the parties would be normally sold through the same supply chain to the same customers who may consider the items sold by the defendant as emanating from the plaintiff. In fact, the plaintiff has filed on record evidence showing actual complaints of confusion being caused in the mind of an unwary consumer,” Justice Chawla said.

Case Title: PREETENDRA SINGH AULAKH v. GREEN LIGHT FOODS PVT. LTD.

Citation: 2023 LiveLaw (Del) 375

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