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Informist, Wednesday, Dec. 3, 2025

 

NEW DELHI – The division bench of the Delhi High Court Wednesday restored Kohinoor Seed Fields India Pvt. Ltd.'s plea seeking a bar on Veda Seed Sciences Pvt. Ltd. from manufacturing, selling cotton hybrid seeds with the name similar to its registered trademarks. The division bench set aside a single judge's order that Kohinoor Seed's plea was not maintainable against Veda Seed Sciences as the court did not have the territorial jurisdiction to hear the case.

 

In April, the single judge of the high court held that Veda Seed has subordinate offices in Andhra Pradesh and Telangana and no part of the cause of action had arisen within Delhi, it could not exercise territorial jurisdiction in the matter. The division bench said that a substantial part of the cause of action in the present case does arise within the territorial jurisdiction of the high court. The asserted trademarks of Kohinoor Seed stood registered within the jurisdiction of the high court, the marketing agreement was executed at Delhi, and the allegedly infringing goods of Veda Seed were available for sale and purchase across e-commerce websites, and at physical locations in Delhi said the division bench.

 

In 2014, Kohinoor Seed had entered into a non-exclusive co-marketing agreement with Veda Seed which remained valid till 2022. Under the agreement, Veda Seed was permitted to market and distribute cotton hybrid seeds of Kohinoor Seed under the trademarks "SADANAND", "TADAAKHA", and "BASANT". Thereafter, Kohinoor Seed learnt that Veda Seed was promoting and accepting advance booking for the sale of cotton hybrid seeds for the kharif season 2023 under the marks similar to the petitioner. Seeking a permanent injunction, Kohinoor Seed moved the high court. Kohinoor Seed had argued that Veda Seed, by selling cotton hybrid seeds under the marks "VEDA TADAAKHA GOLD BG II", "VEDA SADANAND GOLD BG II" and "VEDA BASANT GOLD BG II", was infringing the petitioner's registered trademarks "TADAAKHA", "SADANAND", and "BASANT". The use by Veda Seed of the marks similar to the petitioner's was likely to induce the consumers who were largely illiterate farmers, to purchase the respondent's seeds believing an association between the respondent and the appellant, said Kohinoor Seed.  End

 

Reported by Surya Tripathi

Edited by Deepshikha Bhardwaj

 

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