Delhi High Court Restrains Andhra-based Company From Marketing Cotton Hybrid Seeds Of Other Producers Under Trademarks Of Kohinoor Seed Fields

The Delhi High Court has restrained a Andhra Pradesh-based company from promoting or selling any product, other than the BT cotton hybrid seeds of Kohinoor Seed Fields India Private Limited, under the latter's trademarks or any marks deceptively similar to them.

Justice Amit Bansal passed the interim order after hearing a suit filed by Kohinoor Seed Fields, a leading Indian seed company.

The company has necessary approvals from the Genetic Engineering Appraisal Committee for developing, producing and selling transgenic BT Cotton hybrid seeds under its trademark SADANAND, TADAAKHA and BASANT.

In 2014, it entered into a non-exclusive co-marketing contract with Veda Seed Sciences Pvt. Ltd. for the purposes of marking and distribution of the hybrid seed varieties. Under the agreement, the Andhra-based company agreed to "not sell any other hybrid seeds under the brand names permitted under this Agreement".

However, in October 2022 Kohinoor Seed Fields India came to know that Veda Seed Sciences was promoting and taking advance bookings for the Kharif season 2023 for the sale of cotton hybrid seeds under the names of 'VEDA SADANAND GOLD', 'VEDA TADAAKHA GOLD' and 'VEDA BASANT GOLD' to market the seeds which do not belong to plaintiff.

Kohinoor Seed Fields India soon issued a termination notice under the agreement.

The court said the advance bookings taken by the defendant under the impugned marks "are in respect of different hybrids, being GK-224 BGII, VSCH-369 BGII and GK-238 BG II, which do not belong to the plaintiff" and on a prima facie view, violate the terms of the agreement between the two companies.

"Use of the impugned marks for goods in the same class by the defendants, prima facie, also amounts to infringement as well as passing off. Moreover, the packaging and aesthetic of the defendant's products is deceptively identical to that of the plaintiffs," the court added.

Observing that the of the plaintiffs' marks, whether with or without a prefix or suffix by the defendant for different hybrid seeds would not result in a material difference so as to distinguish the marks, the Court said that the plaintiff is a prior user of the impugned trademarks and has established a reputation and goodwill.

"The plaintiff has established a prima facie case in its favour. The defendant's use of the impugned marks is likely to cause a greater confusion as the defendant has been a co-marketer of the plaintiff's cotton hybrid seeds and the plaintiffs marks since 2014. Thus, balance of convenience is in favour of the plaintiff. Irreparable harm and injury would be caused to the plaintiff if an ex-parte injunction is not granted in favour of the plaintiff," it said.

The court restrained the defendant from "making, using, promoting, marketing, advertising, offering or exposing for sale, selling any product other than plaintiffs BT cotton hybrid seeds under the plaintiffs' trademarks, being 'SADANAND', 'TADAAKHA' and 'BASANT', with or without prefix or suffix or any other mark, which is deceptively similar to the plaintiffs' trademarks" till the next date of hearing.

The bench has listed the matter before the Joint Registrar on 10th January 2023 for the completion of pleadings.

M/S KOHINOOR SEED FIELDS INDIA PVT LTD vs. M/S VEDA SEED SCIENCES PVT LTD

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