Ahmedabad Court Restrains Anand Agrotech From Using ‘Kohinoor’ Brand in Trademark Dispute
An Ahmedabad commercial court has restrained Anand Agrotech from selling products under the 'Kohinoor' brand following a trademark infringement plea by AWL Agri Business.
SociapaHQ
An Ahmedabad commercial court has restrained Anand Agrotech from selling agricultural products under the trade name ‘Kohinoor’ after AWL Agri Business Ltd. accused it of trademark infringement and passing off.
The interim order came after AWL Agri Business argued that Anand Agrotech’s use of the Kohinoor mark was likely to confuse consumers and dilute the goodwill of its long-standing brand.
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Trademark Dispute:
AWL Agri Business informed the court that it and its predecessor had been using the Kohinoor mark continuously since 1979 and that it had been protected by multiple trademark registrations since 2003.
The company alleged that Anand Agrotech had recently started marketing farm produce, mostly pulses, under the same brand name.
AWL also submitted photographs of the allegedly infringing products and sought an injunction and damages, arguing that the defendant’s use of the mark was likely to mislead consumers and damage the reputation of the brand.
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Court Grants Interim Relief:
Following a preliminary hearing, Commercial Court Judge P. I. Prajapati granted an ex parte interim injunction, restraining Anand Agrotech from selling products under the Kohinoor brand until the matter is finally decided.
According to reports, the court observed that the defendant's mark appeared to be identical or deceptively similar to the plaintiff's trademark and was likely to create confusion regarding the origin of the products.
The court further noted that any dilution of the Kohinoor brand would result in irreparable harm to AWL Agri Business's goodwill and brand equity.
It also observed that the matter involved a larger public interest since the products in question are widely consumed by Indian consumers.
