High Court Delhi dismissed a rectification petition withdrawn by the petitioner under a deed of settlement in a suit concerning trademark infringement and passing off, decreeing the suit in favor of the plaintiff.
The rectification petition was dismissed as withdrawn. The suit was decreed in favor of the plaintiff.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~7 & 8
AADINATH INDUSTRIES .....Petitioner Through: Mr. Gaurav Kochhar and Mr. Kamal Garg, Advocates Ph. 9560570576 E-mail:[email protected] versus
KARNAL AGRICULTURAL INDUSTRIES LIMITED
.....Respondent Through: Mr. Vaibhav Vutts, Ms. Aamna Hasan, Ms. Anupriya Shyam, Ms. Aarya Deshmukh, Advocates (M:9971576500) 8 + CS(COMM) 692/2018 KARNAL AGRICULTURAL INDUSTRIES LIMITED .....Plaintiff Through: Mr. Vaibhav Vutts, Ms. Aamna Hasan, Ms. Anupriya Shyam, Ms. Aarya Deshmukh, Advocates (M:9971576500) versus AADINATH INDUSTRIES .....Defendant Through: Mr. Gaurav Kochhar and Mr. Kamal Garg, Advocates Ph. 9560570576 E-mail:[email protected]
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
O R D E R % 06.02.2025
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mark in Class-07 under Registration no. 1548950 in favour of KARNAL AGRICULTURE INDUSTRIES LTD.
“xxx xxx xxx
This Court is prima facie of the view that GAINDA and DOUBLE GAINDA is the main distinctive portion of the trade mark. Hence, any prefix or suffix can be only for the sake of reaping the benefit in the known name: GAINDA or DOUBLE GAINDA. There is a strong likelihood of the defendants product being passed-off as that of the plaintiff .
In the circumstances, the plaintiff has made out a case of grant of ex parte ad interim injunction in case such an order is not passed at this stage, irreparable prejudice would be caused to it. The balance of convenience too lies in favour of the plaintiff.
In the circumstances, till the next date of hearing, the defendants, their partners or proprietors, officers, agents, servants, their assigns in business, dealers and others associated with them are restrained from using the trade mark INDIAN DOUBLE GAINDA or any other mark, name, logo, monogram or label that is or may be identical with or deceptively similar to copyright, trade name and well known and registered trade mark DOUBLE,GAINDA of the plaintiff, or to market, sell, offer for sale, license, advertise, directly or indirectly deal in any identical and/or allied and cognate goods of the plaintiffs under such trade mark or doing any other thing as is
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/02/2025 at 14:51:05
likely to lead to passing off and infringement of the plaintiffs copyright, and well known trade mark DOUBLE GAINDA.
The plaintiffs shall comply with the provisions of Order XXXIX, Rule 3 of the CPC within one week.
Dasti under the signature of the Court Master.”
(Emphasis Supplied)
“ IA. 12299/2015 (O 39 R1 & 2)
Learned counsel for the defendant has submitted that he has no objection if the application be disposed of confirming the ex parte ad interim injunction dated 29.05.2015 granted to the plaintiff .
Hence, the order dated 29.05.2015 granting ex parte ad interim injunction shall continue, till the disposal of the suit.
The application stands disposed of in these terms.
xxx xxx xxx”
(Emphasis Supplied)
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/02/2025 at 14:51:05
MINI PUSHKARNA, J
FEBRUARY 6, 2025 au
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/02/2025 at 14:51:05
Aadinath Industries
Karnal Agricultural Industries Limited
Mini Pushkarna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
