High Court Grants Ex Parte Injunction in Trademark Dispute: Sumil Chemical Industries P Ltd Vs Uk Crop Sciences
In a recent legal development dated May 24, 2021, Sumil Chemical Industries P Ltd, a key player in the agrochemical industry, initiated legal proceedings against Uk Crop Sciences for alleged trademark infringement and passing off.
The crux of the dispute lies in Sumil Chemical Industries P Ltd's trademarks, namely “COSAMIL,” “COSAMIL-DF,” and “COSAMIL GOLD,” which are specifically associated with their fungicide product range. The conflict arose when Sumil Chemical Industries P Ltd discovered Uk Crop Sciences' application for the mark "COSAMIN" in January 2024, prompting immediate legal action.
Presiding over the case (Case No. CS Comm 432 of 2024) at the High Court of Delhi, Hon'ble Judge Sanjeev Narula granted an ex parte injunction in favor of Sumil Chemical Industries P Ltd. The court's decision was grounded in the apparent phonetic, visual, and structural similarities between Sumil Chemical Industries P Ltd's "COSAMIL" trademarks and Uk Crop Sciences' "COSAMIN" mark. Given that both parties operate within the fungicide production sector, the court recognized the potential for consumer confusion.
The injunction, issued under Section 29(1) and (2)(b) of the Trademarks Act, acknowledges the likelihood of consumers mistakenly purchasing Uk Crop Sciences' fungicides under the assumption that they are associated with Sumil Chemical Industries P Ltd. Consequently, this finding lays the groundwork for both trademark infringement and passing off claims against Uk Crop Sciences.
Case Title: Sumil Chemical Industries P Ltd Vs Uk Crop Sciences
Judgement/Order Date: 24.05.2021
Case No. CS Comm 432 of 2024
Neutral Citation: NA
Name of Court: High Court of Delhi
Name of Hon'ble Judge: Sanjeev Narula H.J.
Disclaimer:
Ideas, thoughts, views, information, discussions and interpretation expressed herein are being shared in the public Interest. Readers' discretion is advised as these are subject to my subjectivity and may contain human errors in perception, interpretation and presentation of the fact and issue involved herein.
Advocate Ajay Amitabh Suman
IP Adjutor [Patent and Trademark Attorney]
United & United
Email: amitabh@unitedandunited.com
Ph No: 9990389539
In a recent legal development dated May 24, 2021, Sumil Chemical Industries P Ltd, a key player in the agrochemical industry, initiated legal proceedings against Uk Crop Sciences for alleged trademark infringement and passing off.
The crux of the dispute lies in Sumil Chemical Industries P Ltd's trademarks, namely “COSAMIL,” “COSAMIL-DF,” and “COSAMIL GOLD,” which are specifically associated with their fungicide product range. The conflict arose when Sumil Chemical Industries P Ltd discovered Uk Crop Sciences' application for the mark "COSAMIN" in January 2024, prompting immediate legal action.
Presiding over the case (Case No. CS Comm 432 of 2024) at the High Court of Delhi, Hon'ble Judge Sanjeev Narula granted an ex parte injunction in favor of Sumil Chemical Industries P Ltd. The court's decision was grounded in the apparent phonetic, visual, and structural similarities between Sumil Chemical Industries P Ltd's "COSAMIL" trademarks and Uk Crop Sciences' "COSAMIN" mark. Given that both parties operate within the fungicide production sector, the court recognized the potential for consumer confusion.
The injunction, issued under Section 29(1) and (2)(b) of the Trademarks Act, acknowledges the likelihood of consumers mistakenly purchasing Uk Crop Sciences' fungicides under the assumption that they are associated with Sumil Chemical Industries P Ltd. Consequently, this finding lays the groundwork for both trademark infringement and passing off claims against Uk Crop Sciences.
Case Title: Sumil Chemical Industries P Ltd Vs Uk Crop Sciences
Judgement/Order Date: 24.05.2021
Case No. CS Comm 432 of 2024
Neutral Citation: NA
Name of Court: High Court of Delhi
Name of Hon'ble Judge: Sanjeev Narula H.J.
Disclaimer:
Ideas, thoughts, views, information, discussions and interpretation expressed herein are being shared in the public Interest. Readers' discretion is advised as these are subject to my subjectivity and may contain human errors in perception, interpretation and presentation of the fact and issue involved herein.
Advocate Ajay Amitabh Suman
IP Adjutor [Patent and Trademark Attorney]
United & United
Email: amitabh@unitedandunited.com
Ph No: 9990389539
