Factual Background:
FMC Corporation and its subsidiaries filed a suit against Hindustan Fertilizers Private Limited and another entity for trademark infringement and passing off concerning their registered trademark "CORAGEN." The plaintiffs, global leaders in agricultural sciences, had been using the mark since 2006 and had built significant goodwill. The defendants were found to be using the deceptively similar mark "CORAGIN" for the same class of products, causing confusion among consumers, particularly farmers. The plaintiffs discovered the infringing products being marketed on e-commerce platforms, leading to the present suit.
Procedural Background:
The suit was filed seeking a permanent injunction, and the court initially granted an ex-parte ad-interim injunction against the defendants. A local commissioner was appointed to seize infringing products, but the defendants' addresses were found incorrect. The court allowed substituted service through publication. As the defendants failed to appear, they were proceeded against ex-parte, and no written statement was filed, leading to the matter being decided based on the plaintiffs’ claims.
Provisions of Law Referred and Their Context:
The court applied provisions of the Trade Marks Act, 1999, to assess infringement and passing off. Order VI Rule 17 CPC was invoked for amendment of the plaint. Order VIII Rule 10 CPC allowed the suit to be decreed in the absence of a written statement. The Delhi High Court (Original Side) Rules, 2018, were referred to deem the plaintiffs' documents admitted due to non-denial by the defendants.
Reasoning of Court:
The court found that the defendants’ mark "CORAGIN" was deceptively similar to "CORAGEN" and that their packaging, color scheme, and design also mimicked the plaintiffs' branding. Given that the products were agricultural pesticides targeted at farmers, who may not carefully distinguish between similar-looking brands, the likelihood of confusion was high. The defendants’ continued unauthorized use of the plaintiffs’ mark without appearing in court indicated a lack of defense. The plaintiffs’ reputation and goodwill were at risk due to misrepresentation by the defendants.
Decision:
The court passed a decree of permanent injunction restraining the defendants from using "CORAGIN" and similar marks. The plaintiffs' claims were upheld under trademark infringement and passing off laws. The court noted that the defendants' failure to appear or contest the case further justified the reliefs sought. A decree sheet was ordered to be drawn up, and all pending applications were disposed of.
Case Title: FMC Corporation Vs. Hindustan Fertilizers Private Limited
Date of Order: 11th March 2025
Case Number: CS(COMM) 652/2024
Neutral Citation: 2025:DHC:1704
Court: High Court of Delhi
Hon’ble Judge: Justice Amit Bansal
