Green Light Foods Private Limited has been restrained by the Delhi High Court from using the trademarks 'Monsoon Harvest', 'Wingreens Monsoon Harvest', or any similar trademark after Monsoon Harvest Farms filed a lawsuit for infringement. The Court found that Monsoon Harvest Farms was the prior user of the mark and that it was visually and phonetically similar to 'Monsoon Harvest'. The defendant argued that they had adopted a new mark, 'Wingreens Monsoon Harvest', but the Court held that this was not sufficient to distinguish the marks on application of the test of an unwary purchaser of an average intelligence with an imperfect recollection. The Court concluded that the plaintiff had made out a prima facie case in their favor and ordered an interim injunction. Senior Advocate Chander M Lall appeared for the plaintiffs while Senior Advocate Jayant Mehta appeared for the defendants.
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TAGS: Green Light Foods Delhi High Court Monsoon Harvest Wingreens Monsoon Harvest trademark infringement Monsoon Harvest Farms prior user visually similar phonetically similar trade name corporate name domain name prima facie senior advocate interim injunction food items.
