The Saket District Court has issued an injunction in favor of Plaintiff M/s Krishi Rasayan Exports Private Limited. As a result, Royel Krishi Rasayan Private Limited is now restrained from manufacturing, selling, or dealing with agro chemicals under the brand name “KRISHI RASAYAN” or any similar trademark during the pendency of the suit and its continuity.
M/s Krishi Rasayan Exports Private Limited was represented by our team at AARYAVARTT, comprising Adv. Haridutt Mishra and Adv. G.S. Gangwar.
During the proceedings, the Hon’ble district court considered an independent auditor’s report submitted by M/s Krishi Rasayan Pvt. Ltd., which strongly indicated substantial usage and profit associated with their trade name/mark. Notably, the court also observed significant phonetic and descriptive similarities between the defendant’s mark, “Royel Krishi Rasayan Pvt. Ltd.,” and the plaintiff’s trademark. Consequently, the court found a prima facie case in favor of the plaintiff. The balance of convenience also weighed in their favor.
Furthermore, the court recognized that irreparable loss would occur to the plaintiff if the defendant continued to use the trademark “Royel Krishi Rasayan Pvt. Ltd.,” which is deceptively similar to the plaintiff’s trademark. As a result, the court allowed the plaintiff’s application under Order XXXIX Rule 1 & 2 of the CPC. The defendants, including their partners, principal officers, servants, representatives, and agents, are now restrained from using the impugned mark “Krishi Rasayan” or any identical/deceptively similar mark that could lead to confusion with the plaintiff’s trademarks. This restriction aims to prevent any misrepresentation of the defendant’s services and business as those of the plaintiff.