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Bombay High Court
Indian Agro Chem Industries Pvt Ltd vs India Pesticides on 12 March, 2026
903 IA(L)-2610-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
INTERIM APPLICATION (L) NO. 2610 OF 2026
IN
COMMERCIAL IP SUIT (L) NO. 2373 OF 2026
Indian Agro Chem Industries Pvt Ltd. ...Applicant
Versus
India Pesticides ...Respondent
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Mr. Mahesh Mahadgut, Mr. Kaivalya Shetye, Ms. Kalyani Paunikar for
Plaintiff.
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CORAM : SHARMILA U. DESHMUKH, J.
DATE : MARCH 12, 2026
P. C. :
1. At the outset, learned counsel appearing for Plaintiff tenders the
draft amendment to incorporate the necessary pleadings as regards
the Defendant's mark being an unregistered mark. Considering the
nature of amendment, the same is allowed. Amendment to be carried
out within period of two weeks from today. Re-verification is dispensed
with.
2. This is an action for infringement of trade mark, copyright and
passing-off. As leave under clause XIV of Letters Patent (Bombay) is not
yet obtained, learned counsel appearing for Plaintiff would confine his
relief only in respect of infringement of trade mark and copyright. He
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submits that the Defendant has been duly served and two Affidavits of
service have been duly placed on record. The Affidavits of service
indicate the delivery status of the notice issued to the Defendant.
Despite service, none appears on behalf of Defendant.
3. Mr. Mahadgut, learned counsel appearing for Plaintiff submits
that the Plaintiff is the registered proprietor of the trade mark "FINE 5
STAR", "FINE FIVE STAR", the label/device mark containing the words
"FINE 5 STAR BRAND" and a device of five stars depicted inside the
circle. He submits that the Plaintiff in or around the year 2004 adopted
the mark "FINE 5 STAR" depicted inside a circle and applied for
registration of the label/word mark which was granted registration on
16th November, 2005 with a disclaimer that the registration of the
trade mark shall give no right to the exclusive use to the word "FINE" or
other descriptive matter.
4. He submits that the copyright in the artistic work was designed
at the instance of the Plaintiff and there is copyright registration in
favor of the Plaintiff demonstrating the ownership in copyright. He
submits that Plaintiff has done substantial business under its mark
"FINE 5 STAR" since the year 2004 and points out to the Chartered
Accountant's certificate duly certifying sales turnover as well as
promotional material placed on record. He submits that in or around
January, 2019, the Plaintiff came across the impugned mark of
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"BOMBAY FIVE STAR" which indicated not only deceptive similarity
between the Plaintiff's registered mark and Defendant's mark but also
an identical trade dress with the same color scheme of green and
white. He would further point out that there was no reason for
Defendant to adopt the name Bombay when the Defendant is located
in Ahmedabad and attempt appears to be to ride upon the Plaintiff's
reputation and goodwill and to demonstrate that the products
originate from Mumbai when that is not a factual scenario.
5. He submits that the Defendant was issued a cease-and-desist
notice on 2nd January, 2019 and after issuance of cease-and-desist
notice the Plaintiff did not come across the goods of the Defendant
and was under the belief that the Defendant has discontinued the use
of the product. He submits that the notice to that effect was
addressed on 1st October, 2022. He submits that in October, 2025, the
Plaintiff came across the Defendant's product once again bearing the
impugned mark and hence, the present suit came to be filed.
6. I have considered the submissions and perused the record.
7. The rival marks are reproduced hereinbelow for the purpose of
comparison :
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Plaintiff's pack Defendant's pack
8. The Plaintiff has secured registration of the device mark of "FINE
5 STAR BRAND" along with device of five stars as well as the word mark
registration of "FINE 5 STAR" and "FINE FIVE STAR". The Plaintiff's
proprietary right is prima facie demonstrated from the registration
certificate which has been placed on record. The copyright in the
original artwork is prima facie demonstrated from the copyright
registration obtained by the Plaintiff. Upon prima facie comparison of
the rival marks, it is evident that the Defendant has copied the
essential features of the Plaintiff's registered mark which is five stars
of the device mark as well as the word "FIVE STAR". Considering that
the products are pesticides, the relevant consumer base would usually
be farmers who would identify the products by the essential feature
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and would be misled in believing that the Defendant's products are
that of the Plaintiff. There is therefore, possibility of confusion being
caused among the relevant consumer base.
9. There is also prima facie substance in the contention raised by
learned counsel for the Plaintiff that the use of the word Bombay,
when the Defendant is admittedly based in Ahmedabad, Gujarat,
amounts to misrepresentation that the goods originate from the
Bombay so as to form an association with the Plaintiff's registered
mark. The cease-and-desist notice is issued in the year 2019 as well as
the subsequent notice of 1st October, 2022 which speaks of the
Defendant's product not having been found after issuance of first
cease-and-desist notice. There is no probable defense which is
available to the Defendant for using the deceptively similar mark. The
Defendant has not secured any registration in respect of its mark and
the use of deceptively similar mark cannot be a matter of mere
coincidence. The goodwill and reputation of the Plaintiff is prima facie
demonstrated from the material which has been placed on record. The
Defendant being a late entrant in the market ought to have been
aware of the Plaintiff's registered trade mark which has been
registered way back in the year 2005.
10. In light of the above, prima facie case has been made out for
grant of ad-interim relief in terms of prayer clauses (a) and (b), which
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read as under :
"(a) That pending the hearing and final disposal
of the Suit, the Defendant by itself, its
Proprietor, Partners, employees, servants,
agents, associates, distributors, franchisees,
sister concerns, representatives, affiliates
and/or assigns and all persons acting for and
on its behalf be restrained by a temporary
order and injunction of this Hon'ble Court from
in any manner using for manufacturing, selling,
offering for sale, stocking, soliciting, exporting,
displaying, advertising, marketing, promoting
in relation to fungicides, pesticides,
insecticides, herbicides, nematicides and/or any
other agrochemicals including fertilizers, soil
conditioners and/or such allied and cogent
goods the impugned trade mark 'BOMBAY FIVE
STAR' and/or using any other trade mark or
device mark which is identical with and/or
deceptively similar to the Applicant's
registered mark 'FINE 5 STAR' / 'FINE FIVE
STAR' and/or using any other mark comprising
of the words 'FIVE' and / or 'STAR' in
combination with any other word, mark, device,
logo so as to infringe the Applicant's registered
trademarks bearing No. 1399276, 5473183,
5473184, 5463825 and 5463824 or in any other
manner whatsoever;
(b) That pending the hearing and final disposal
of the Suit, the Defendant by itself, its
Proprietor, Partners, employees, servants,
agents, associates, distributors, franchisees,
sister concerns, representatives, affiliates
and/or assigns and all persons acting for and
on its behalf be restrained by a temporary
order and injunction of this Hon'ble Court from
in any manner using for manufacturing, selling,
offering for sale, stocking, soliciting, exporting,
displaying, advertising, marketing, promoting
in relation to fungicides, pesticides,
insecticides, herbicides, nematicides and/or any
other agrochemicals including fertilizers, soil
conditioners and/or such allied and cogent
goods the impugned device marks as depicted
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in Exhibits 'H' and 'L' to the Plaint or using any
other similar device mark to that of Applicant's
device mark as depicted in Exhibits 'B', 'C-1' to
'C-3' to the Plaint so as to infringe the
Applicant's Copyright in its device mark / labels
as shown in Exhibits 'B', 'C-1' to 'C-3' to the
Plaint or by reproducing the same or any
substantial part thereof in any material form or
using the same or any colourable imitation
thereof or otherwise howsoever;"
11. Stand over to 21st April, 2026.
12. Ad-interim relief granted earlier to continue till next date.
[SHARMILA U. DESHMUKH, J.]
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