Delhi High Court Restrains Online Wholesaler From Infringing Trademark Of Agro-Chemical Company 'Dhanuka'
The Delhi High Court has granted an ex-parte ad-interim injunction, restraining an online wholesaler from infringing the trademark of agro-chemical company Dhanuka Agritech.Justice Tejas Karia observed that the alleged acts attributed to the Defendants are likely to cause confusion in the course of trade of the Plaintiffs, such that the consumers may associate the Infringing Products with...
The Delhi High Court has granted an ex-parte ad-interim injunction, restraining an online wholesaler from infringing the trademark of agro-chemical company Dhanuka Agritech.
Justice Tejas Karia observed that the alleged acts attributed to the Defendants are likely to cause confusion in the course of trade of the Plaintiffs, such that the consumers may associate the Infringing Products with the Plaintiff, leading to erosion of consumer trust and dilution of the goodwill and reputation of the Plaintiff amongst the members of the trade and public.
Plaintiff claims to have been using 'Dhanuka' as its house mark since 2021, including for crop production products.
It claimed that the Defendant— AGRIM Wholesale Private Limited, operating through a mobile app, claims to be a B2B input agri e-commerce marketplace engaged in the business of facilitating the sale of agrochemical products directly from the manufacturers / importers to the wholesalers and retailers.
Plaintiff submitted that even though Defendant claims to be an intermediary, is it in fact engaged in the sale of unauthorized, counterfeit and infringing agrochemical products. It was contended that the Defendant's mobile app features numerous listings offering low quality, unauthorized, or counterfeit crop protection products, bearing Plaintiff's marks.
It was argued that the sale of counterfeit and unauthorized insecticides, which are meant for use on food grains, poses a humongous risk to humans as well as animals.
The High Court noted that Plaintiff had established long and continuous use of the impugned mark and had demonstrated its goodwill and reputation, with revenue for FY 2024-25 being ₹2,035 crores.
“The Defendants' sale of the Infringing Products is prima facie dishonest and nothing but an attempt to ride the goodwill and reputation of the Plaintiff's Marks so as to cause confusion in the market,” it said and granted interim relief.
It has ordered a Local Commissioner to seize all the infringing products and has also sought details of all entities, suppliers, and persons involved in the chain of manufacture, distribution, and sale of the Infringing Products.
The matter is now listed on January 29, next year.
Appearance: Mr. J. Sai Deepak, Senior Advocate with Mr. Ashish Kothari, Ms. Shivangi Singh, Ms. Pratha Pant and Mr. R. Abhishek, Advocates for Plaintiff
Case title: Dhanuka Agritech Ltd v. AGRIM Wholesale Private Limited
Case no.: CS(COMM) 1056/2025