Fact of the Case
The case involves a trademark dispute between Jangeer Singh, trading as Jangeer Singh Kabulshah Agriculture Works, and Yogesh Jangid, trading as Jangid Agro Engineering. The plaintiff, Jangeer Singh, alleged that the defendant was infringing and passing off his registered trademark "JANGEER" by using the marks "JANGID" and "JANGIR" for similar agricultural implements. The plaintiff sought a permanent injunction, damages, and other reliefs. The defendant, however, claimed prior use of the mark "JANGID" as part of his family business since 1980 and argued that his use was bona fide.
Procedural Background in Brief
The plaintiff filed the suit seeking interim relief under Order XXXIX Rules 1 and 2 of the Civil Procedure Code, 1908. Summons were issued on August 31, 2022, but no ad interim injunction was granted. The defendant submitted that he was neither using nor intending to use "JANGEER/JANGIR." The matter was subsequently listed multiple times, and the judgment on the interim injunction was reserved on February 24, 2025.
Reasoning of Court
The Court analyzed the claims of both parties, focusing on the registered trademarks, prior usage, and potential deceptive similarity between the marks. It observed that both parties held trademark registrations, making an infringement claim non-maintainable under Section 28(3) of the Trade Marks Act. The Court also examined whether the defendant’s use of "JANGID" was bona fide under Section 35 of the Trade Marks Act and concluded that the defendant had established genuine prior use of the mark based on his father's business records dating back to 1980. Additionally, the Court found that the marks "JANGEER" and "JANGID" were visually distinct, reducing the likelihood of confusion.
Decision
The Court denied the plaintiff’s request for an interim injunction and directed that the defendant may continue using the mark "JANGID" but only in the exact manner of his registered device mark. The defendant was restrained from using "JANGIR" or "JANGEER" as standalone marks. The case was listed for framing of issues on July 28, 2025.
Case Title: Jangeer Singh Vs. Yogesh JangidDate of Order: March 11, 2025
Case Number: CS(COMM) 598/2022
Neutral Citation: 2025:DHC:1587
Name of Court: High Court of Delhi
Name of Hon'ble Judge: Hon'ble Justice Shri Amit Bansal
