Delhi HC Restricted Green Light Foods Pvt Ltd From Using Any Trademarks Similar To 'Monsoon Harvest'

After a suit for infringement was filed by Monsoon Harvest Farms, the Delhi High Court has restricted Green Light Foods Private Limited from using any trademarks similar to 'Monsoon Harvest', including 'Wingreens Monsoon Harvest'.

The Court noted that the owners of 'Monsoon Harvest Farms' had used the mark earlier and that it was visually and phonetically similar to 'Monsoon Harvest'. Preetendra Singh Aulakh had filed the suit, stating that his family had been selling agricultural and horticultural products since the 1970s and began using the mark 'Monsoon Harvest Farms' in 2006. However, the defendant argued that they had been using the 'Monsoon Harvest' marks since 2015 and have now adopted a new mark, 'Wingreens Monsoon Harvest', which creates a greater difference between the two marks and negates any possibility of infringement or passing off.

The bench concluded that adding the word 'Wingreens' was not enough to differentiate the products in the eyes of an average customer with a vague memory. The court considered both the plaintiff's and defendant's goods to be similar and closely related since they were both food items sold over the counter. The argument that one was processed and the other was not was considered artificial. Consequently, the court ruled in favor of the plaintiff, granting an interim injunction.