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M/s. Patanjali Biscuits Pvt. Ltd., Kokkalla M/s. Patanjali Ayurved Limited Delhi v/s Hatsun Agro Product Ltd. Chennai


Company & Directors' Information:- PATANJALI AGRO INDIA PRIVATE LIMITED [Active] CIN = U74900UR2009PTC032904

Company & Directors' Information:- PATANJALI AYURVED LIMITED [Active] CIN = U24237DL2006PLC144789

Company & Directors' Information:- K. N. C. AGRO LIMITED [Active] CIN = U01500WB2005PLC102657

Company & Directors' Information:- HATSUN AGRO PRODUCT LIMITED [Active] CIN = L15499TN1986PLC012747

Company & Directors' Information:- F AND K AGRO PRIVATE LIMITED [Active] CIN = U01111PN1980PTC014563

Company & Directors' Information:- R T AGRO PRIVATE LIMITED [Active] CIN = U15400MH1988PTC122934

Company & Directors' Information:- N M AGRO PRIVATE LIMITED [Active] CIN = U15209DL2000PTC103461

Company & Directors' Information:- J. P. BISCUITS PRIVATE LIMITED [Active] CIN = U15410MH2008PTC188045

Company & Directors' Information:- K F AGRO PRIVATE LIMITED [Active] CIN = U01132PB1998PTC021937

Company & Directors' Information:- T K M AGRO LIMITED [Active] CIN = U01119TZ2000PLC009159

Company & Directors' Information:- M S AGRO PRIVATE LIMITED [Active] CIN = U01403WB2011PTC163653

Company & Directors' Information:- S K K AGRO PRIVATE LIMITED [Active] CIN = U01110DL2007PTC163157

Company & Directors' Information:- P N AGRO PVT LTD [Active] CIN = U01401WB1992PTC056261

Company & Directors' Information:- B R V AGRO PRIVATE LIMITED [Strike Off] CIN = U15139UP2007PTC034299

Company & Directors' Information:- A A AND A AGRO LIMITED [Converted to LLP] CIN = U01111DL1986PLC025101

Company & Directors' Information:- B. P AGRO INDIA PRIVATE LIMITED [Active] CIN = U15132DL2019PTC357421

Company & Directors' Information:- M Y AGRO PRIVATE LIMITED [Active] CIN = U51221DL2011PTC215043

Company & Directors' Information:- PATANJALI BISCUITS PRIVATE LIMITED [Active] CIN = U15412WB2009PTC131805

Company & Directors' Information:- H R D AGRO PRIVATE LIMITED [Active] CIN = U15490PB2006PTC030412

Company & Directors' Information:- C F L AGRO PRIVATE LIMITED [Strike Off] CIN = U01409KA2001PTC028797

Company & Directors' Information:- L K AGRO PRIVATE LIMITED [Active] CIN = U15140MH1998PTC115185

Company & Directors' Information:- H D AGRO PRIVATE LIMITED [Strike Off] CIN = U01111MH1996PTC097451

Company & Directors' Information:- P C L AGRO PRIVATE LIMITED [Active] CIN = U74899DL1992PTC049537

Company & Directors' Information:- A S AGRO PRIVATE LIMITED [Active] CIN = U74899DL1989PTC040467

Company & Directors' Information:- S N N AGRO PRIVATE LIMITED [Active] CIN = U01114JH2016PTC008919

Company & Directors' Information:- R R S AGRO PRIVATE LIMITED [Strike Off] CIN = U15139DL2010PTC209756

Company & Directors' Information:- AGRO PRIVATE LIMITED [Strike Off] CIN = U51101KA1962PTC001475

Company & Directors' Information:- A R R PRODUCT INDIA PRIVATE LIMITED [Active] CIN = U00292TZ2005PTC011514

Company & Directors' Information:- D. J. AGRO PRIVATE LIMITED [Strike Off] CIN = U01112DL1994PTC057414

Company & Directors' Information:- G A AGRO PRIVATE LIMITED [Active] CIN = U01229KL2002PTC015736

Company & Directors' Information:- M K B AGRO PRIVATE LIMITED [Active] CIN = U01100MH1996PTC101802

Company & Directors' Information:- T D K AGRO PRIVATE LIMITED [Active] CIN = U29190BR1991PTC004486

Company & Directors' Information:- S G AGRO PRIVATE LIMITED [Active] CIN = U01122KA1995PTC017091

Company & Directors' Information:- AGRO INDIA PRIVATE LIMITED [Active] CIN = U01407AR2013PTC008381

Company & Directors' Information:- U & V AGRO PRIVATE LIMITED [Active] CIN = U01403TZ2015PTC021823

Company & Directors' Information:- B A B AGRO LTD [Strike Off] CIN = U24231MH1993PLC073114

Company & Directors' Information:- B A B AGRO LTD [Active] CIN = U24233WB1987PLC043179

Company & Directors' Information:- O S AYURVED PRIVATE LIMITED [Active] CIN = U24233DL2007PTC168972

Company & Directors' Information:- B C M AGRO PRIVATE LIMITED [Active] CIN = U01119WB1999PTC090308

Company & Directors' Information:- K. K. AGRO PVT. LTD. [Strike Off] CIN = U51420WB1987PTC042090

Company & Directors' Information:- H & W AGRO PRIVATE LIMITED [Strike Off] CIN = U01400MH2012PTC238144

Company & Directors' Information:- K D AGRO PRIVATE LIMITED [Converted to LLP] CIN = U15312DL2005PTC131996

Company & Directors' Information:- H R AGRO PRIVATE LIMITED [Active] CIN = U01119PB1995PTC016403

Company & Directors' Information:- C K N AGRO PRIVATE LIMITED [Active] CIN = U01300KL2020PTC064742

Company & Directors' Information:- A Q AGRO PVT LTD [Under Process of Striking Off] CIN = U51209WB2006PTC109930

Company & Directors' Information:- K. P. AYURVED PRIVATE LIMITED [Active] CIN = U51909WB2009PTC131670

Company & Directors' Information:- S E AGRO PRIVATE LIMITED [Active] CIN = U52500AP2016PTC103446

Company & Directors' Information:- S U B AGRO PRIVATE LIMITED [Active] CIN = U24129PN2000PTC015404

Company & Directors' Information:- A S G AGRO LIMITED [Strike Off] CIN = U01119HR2004PLC035459

Company & Directors' Information:- R B BISCUITS PRIVATE LIMITED [Strike Off] CIN = U15412OR1992PTC002990

Company & Directors' Information:- T & T AGRO PRIVATE LIMITED [Active] CIN = U01132WB1999PTC090368

Company & Directors' Information:- M R P PRODUCT PRIVATE LIMITED [Active] CIN = U17111UP1993PTC015576

Company & Directors' Information:- C L AGRO PRIVATE LIMITED [Strike Off] CIN = U74120UP2012PTC051898

Company & Directors' Information:- M M BISCUITS PVT LTD [Strike Off] CIN = U15412AS1990PTC003469

Company & Directors' Information:- P M S AGRO PVT LTD [Strike Off] CIN = U29211PB1994PTC014448

Company & Directors' Information:- S & P AGRO PRODUCT PRIVATE LIMITED [Active] CIN = U01111TN2005PTC056416

Company & Directors' Information:- E-BISCUITS (INDIA) PRIVATE LIMITED [Under Process of Striking Off] CIN = U15122TG2015PTC097649

Company & Directors' Information:- B R K AGRO PRIVATE LTD [Strike Off] CIN = U29211PB1994PTC014302

Company & Directors' Information:- R E I AGRO LTD. [Active] CIN = U01111WB1994PLC065082

Company & Directors' Information:- P & S AGRO INDIA LIMITED [Strike Off] CIN = U01403MH2011PLC214782

Company & Directors' Information:- D N D AGRO (INDIA) LIMITED [Active] CIN = U01403PN2011PLC139235

Company & Directors' Information:- L C A AGRO PRIVATE LIMITED [Strike Off] CIN = U01112UP2005PTC029657

Company & Directors' Information:- V M G AGRO INDIA LIMITED [Active] CIN = U01100MP2011PLC026434

Company & Directors' Information:- K. N. BISCUITS PRIVATE LIMITED [Active] CIN = U15412UP2006PTC032526

Company & Directors' Information:- G D AGRO PRIVATE LIMITED [Strike Off] CIN = U24122UP1993PTC015164

Company & Directors' Information:- P B AGRO PRIVATE LIMITED [Amalgamated] CIN = U26960MH1990PTC057137

Company & Directors' Information:- R A P AGRO INDIA PVT LTD [Strike Off] CIN = U14200WB2006PTC107514

Company & Directors' Information:- G T AGRO INDIA PRIVATE LIMITED [Strike Off] CIN = U74899DL2005PTC142577

Company & Directors' Information:- F AND K AGRO PVT LTD [Strike Off] CIN = U29248PN1980PTC022759

Company & Directors' Information:- E M AGRO (INDIA) PRIVATE LIMITED [Strike Off] CIN = U02001UP1997PTC022261

Company & Directors' Information:- J S AGRO PRIVATE LIMITED [Strike Off] CIN = U01300PB1993PTC013943

Company & Directors' Information:- A N AGRO PRIVATE LIMITED [Strike Off] CIN = U01119DL1996PTC081855

Company & Directors' Information:- V R L AGRO PRIVATE LIMITED [Strike Off] CIN = U85110KA1999PTC024717

Company & Directors' Information:- P. S. R. AGRO PRIVATE LIMITED [Active] CIN = U24248UP1974PTC004017

Company & Directors' Information:- O N AGRO PRIVATE LIMITED [Active] CIN = U74899DL1988PTC031986

Company & Directors' Information:- K R S AGRO PRIVATE LIMITED [Strike Off] CIN = U01400PN2011PTC141711

Company & Directors' Information:- J K AGRO PRIVATE LIMITED [Strike Off] CIN = U74900PY2011PTC002548

Company & Directors' Information:- W B S AGRO PRIVATE LIMITED [Active] CIN = U01122PB2003PTC025879

Company & Directors' Information:- G T M AGRO PRIVATE LIMITED [Strike Off] CIN = U01100MH2005PTC150816

Company & Directors' Information:- Y K AGRO PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U74999DL2013PTC250398

Company & Directors' Information:- N P M AGRO PRIVATE LIMITED [Strike Off] CIN = U15494DL2011PTC214942

Company & Directors' Information:- B L B AGRO PRIVATE LIMITED [Strike Off] CIN = U51200DL2012PTC244511

Company & Directors' Information:- D A AGRO PRIVATE LIMITED [Active] CIN = U74900DL2015PTC288168

Company & Directors' Information:- D. B. AGRO PRIVATE LIMITED [Active] CIN = U01100MP2010PTC025035

    Application Nos. 2230 & 2231 of 2019 in O.A.Nos. 34 & 33 of 2019 in C.S. No. 33 of 2019

    Decided On, 20 March 2019

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE S. VAIDYANATHAN

    For the Petitioner: M/s. P. Giridharan Dominic S Dav, Advocate. For the Respondent: ----------



Judgment Text


(Prayer: To vacate the order of interim injunction dated 28/02/2019 in O.A.No.34 of 2019 in C.S.No.33 of 2019.)

The Applicants, who are the Defendants in the suit have come forward with the present Application, seeking to vacate the order of interim injunction dated 28.02.2019 passed in O.A.No.34 of 2019 in C.S.No.33 of 2019.

2. When the Applications for interim injunction were listed for hearing on 20.02.2019, this Court had permitted the Respondent/Plaintiff to take notice on the Applicants/Defendants herein and the matters were directed to be listed on 28.02.2019. On the said date, despite issuance of private notice on the Defendants, none represented on behalf of the Defendants and therefore, this Court had granted an order of interim injunction against the Defendants. Aggrieved by the order of interim injunction, the Applicants/Defendants are before this Court for vacating the interim order dated 28.02.2019.

3. The foremost contention raised by Mr.P.S.Raman, learned Senior Counsel appearing for the Applicants/Defendants is that the Defendants' Trademark “Patanjali Aarogya” was registered as early as in 2016 itself and that in the light of Section 28(3) of the Trademarks Act, 1999, the suit filed by the Plaintiffs is not maintainable and is liable to be dismissed. He has further contended that pursuant to the interim order, the Applicants/Defendants incurred huge loss and therefore, the said order may be kept in abeyance for a limited period so as to enable them to file a reply and to contest the matter effectively.

4. In reply, learned counsel for the Respondent/Plaintiff has submitted that there is no reason forthcoming on the side of the Applicants/Defendants for the delay in approaching the Court and this Court, on due satisfaction of the averments made in the Applications for interim injunction and the Plaint, had granted the interim order. He has further submitted that when the Applicants/Defendants had filed an application for registration of the Trademark “Patanjali Arogya”, the Plaintiff had made several objections to it. But, however, the Applicants/Defendants had somehow managed to obtain the registration of Trademark “Patanjali Aarogya” in the year 2016 irrespective of the fact that the Trademark of the Plaintiff was registered in the year 1995 itself. He has also pointed out that by deceptively adopting the Trademark of the Respondent/Plaintiff, a wrong impression is sown in the minds of the public at large that the products of the Respondent/Plaintiff have been taken over by the Applicants / Defendants, even though they are two different entities as on date.

5. Heard the learned counsel on either side and perused the material documents available on record.

6. It is the strong case of the Applicants/Defendants that when the registered ownership of the Trademark of the Defendants is duly established, the Respondent/Plaintiff cannot proceed against them for the relief of infringement, as the 2nd Respondent/Defendant had registered the mark “Patanjali Aarogya” vide Trademark Registration No.3376040 dated 30.09.2016 under Clause 30. In support of his submission, learned Senior Counsel for the Applicants/Defendants has cited the provisions of Section 28(3) of the Trade Marks Act, 199, which stipulates as under:

“28. Rights conferred by registration:-

(3) Where two or more persons are registered proprietors of trade marks, which are identical with or nearly resemble each other the exclusive right to the use of any of those trade marks shall not (except so far as their respective rights are subject to any conditions or limitations entered on the register) be deemed to have been acquired by any one of those persons as against any other of those persons merely by registration of the trade marks but each of those persons has otherwise the same rights as against other persons (not being registered users using by way of permitted use) as he would have if he were the sole registered proprietor.”

7. When this Court posed a question at the nascent stage regarding the possibility of changing the wrapper of “Patanjali Aarogya” by portraying the word 'Patanjali' in a larger font and showing the word 'Aarogya' with lesser visibility, by the Applicants/Defendants, learned Senior Counsel for the Applicants/Defendants has stated that it is not easy to change the wrappers overnight, as it will take months together to achieve the object. It would have been different, if this Court orders for such revision of wrapper after adjudication.

8. Coming to the crux of the matter, it is an admitted fact that the Applicants/Defendants had duly registered their Trademark “Patanjali Aarogya” in the year 2016, which was much later to the registration of the Plaintiff's Trademark “Arokya” in 1995. In totality, finding prima facie case and balance of convenience in favour of the Applicants/Defendants in the light of Section 28(3) of the Trade Marks Act, 1999 (extract

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ed supra), I find justification in the contention raised by the learned Senior Counsel for the Applicants/Defendants and the interim relief granted by this Court in favour of the Respondent/Plaintiff is liable to be kept in abeyance for a period of two weeks without rendering any opinion on the merits of the suit. 9. Accordingly, the interim injunction granted by this Court in O.A.Nos.33 and 34 of 2019 on 28.02.2019 is ordered to be kept in abeyance for a period of two weeks from today. List these matters on 03.04.2019 for hearing.
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