FMC CORPORATION AUTHORISED REPRESENTATIVE MR SACHIN DESAI & ORS. vs HINDUSTAN FERTILIZERS PRIVATE LIMITED & ANR.

Judgment text excerpt

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 11th March, 2025 + CS(COMM) 652/2024 with I.A. 35557/2024 and I.A. 39510/2024 FMC CORPORATION AUTHORISED REPRESENTATIVE MR SACHIN DESAI & ORS......Plaintiffs Through: Mr. Adarsh Ramanujan, Mr. Parth Singh, Ms. Surabhi Mahajan and Ms. Asmita Shrivastava, Advocates. versus HINDUSTAN FERTILIZERS PRIVATE LIMITED & ANR. .....Defendants Through: None. CORAM: HON'BLE MR. JUSTICE AMIT BANSAL AMIT BANSAL, J. (Oral) 1. The present suit has been filed by the plaintiffs seeking relief of permanent injunction restraining the defendants from infringing the trademark, trade dress, passing off, along with other ancillary reliefs. CASE SETUP IN THE PLAINT 2. Plaintiff no.1 [FMC Corporation] is a company organised and existing under the laws of Delaware, United States of America. Plaintiff no.2 [FMC Agro Singapore] is a company existing and organised under the laws of Singapore. 3. Plaintiff no. 4 [FMC India Private Limited] is an Indian company, Signature Not Verified Digitally Signed CS(COMM) 652/2024 Page 1 of 10 By:DHARMENDER SINGH Signing Date:18.03.2025 12:27:22 incorporated in the year 2000, through which the plaintiff no.1 and 2 carry their business in India. The plaintiffs no.1 and 2 are registered proprietors of the trade mark ‘CORAGEN’. 4. Plaintiff no.3 [FMC IP Technology] is a company existing and organised under the laws of Singapore. Plaintiff no.2 has assigned its rights in the trade marks in favour of the plaintiff no.3, vide assignment agreement dated 1st May 2024. It is stated that since the corresponding modifications were not completed in the records of the Trade Marks Registry, both the plaintiffs were made parties in the suit. 5. The plaintiffs are a group of agricultural sciences companies engaged