John Deere Trademark Battle: HC expounds that John Deere is entitled to Exclusive trademark comprising of a Colour combination. Read Judgment

August 9,2018:

John Deere, the leading manufacturer and exporter of agricultural vehicles (including tractors and harvesters) has filed a suit against Malkit Singh & Ors. for infringing the trademark and trade dress of the John Deere’s products.

John Deere filed the suit against Malkit Singh & Ors. as they were manufacturing, selling, exporting and advertising infringing products under the mark MALKIT by using an identical colour combination of yellow and green.

Companies use unique colour combinations to distinguish their brand’s identity from that of their competitors. Thus, companies attempt to protect colour schemes as a trademark or a combination of colours by registering the same as “colour mark” with the Trademark Registry. Such registration gives rights over the colour combination.

Delhi High Court expounded that John Deere was entitled to exclusive use of their trademark comprising of the colour combination yellow and green (trademarks include a combination of colours by virtue of the definition under Trademarks Act, 1999).

HC Bench headed by Justice Manmohan opined that John Deere had a right to claim an injunction (in respect to infringement) as they had secured their mark comprising a colour combination of green and yellow by getting it registered.

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Read Judgment @LatestLaws.com:

Delhi HC Judgment in Deere v. Malkit Singh Trademark Battle (Download PDF)

Delhi HC Judgment in Deere v. Malkit Singh Trademark Battle by Latest Laws Team on Scribd