✦ High Court of India · 24 Sep 2025

High Court · 2025

Case Details High Court of India · 24 Sep 2025
Court
High Court of India
Decided
24 Sep 2025
Length
1,235 words

O.A.Nos.720 to 723, 725 to 728 & 804 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 24-09-2025CORAMTHE HONOURABLE Mr JUSTICE N. ANAND VENKATESHO.A .Nos. 720 to 723, 725 to 728 and 804 of 2024 AGCO International GmbHVictor-von-bruns-strasse 17, CH 8212 neuhausen, SwitzerlandRep. by its Authorised Signatory Mr.Rohit Kohli Applicant in OA.Nos.720 to 723, 725 to 728 of 2024Vs.Tractors and Farm Equipment Limited861, Anna Salai, Chennai, Tamil Nadu, India 600 002 and 77, Nungambakkam High Road, Chennai 34Rep. by its Company Secretary and Authorized Signatory Mr.C.P.SounderarajanRespondent in OA.Nos.720 to 723, 725 to 728 of 2024Tractors and Farm Equipment LimitedNo 77 Nungambakkam High Road Chennai 600 034Rep. by its Group President, Finance and InvestmentApplicant in OA No. 804 of 2024Vs.AGCO International GMBHVictor-von-Bruns, Strasse 17, CH 8212 Neuhausen, SwiterzerlandRep. by its Authorised SignatoryRespondent in OA No. 804 of 2024OA No. 720 of 2024PRAYERGrant an order of Interim Injunction restraining the Respondent, its group companies, associates, promoters, directions, licensees, franchisees, dealers, stockists, retailers, semi stockists, wholesalers, marketers, distributors any other entity/person in the chain of supply, their family members, officers, employees agents, distributors, servants or any one who may be acting for and on its behalf from using or operating the domain name https/masseyfergusonindia.com 1/5 https://www.mhc.tn.gov.in/judis O.A.Nos.720 to 723, 725 to 728 & 804 of 2024and/or any other domain name(s) consisting of and/or containing MASSEY FERGUSON MF and/or any other word similar/deceptively similar thereto.OA No. 721 of 2024PRAYERGrant an order of Interim Injunction restraining the Respondent, its group companies, associates, promoters, directions, licensees, franchisees, dealers, stockists, retailers, semi stockists, wholesalers, marketers, distributors any other entity/person in the chain of supply, their family members, officers, employees agents, distributors, servants or any one who may be acting for and on its behalf in any manner whatsoever, from using the any and/or all intellectual properties licensed under Intellectual Property License and Technical Assistance Agreement dated 11/08/2010 and other connected trademarks of the Applicant and/or AGCO Associate Companies and/or any deceptively similar trademarks for any purpose and in any manner whatsoever including in the form of website, domain name, e-mail address, other webpages, advertisement through any mode including social media or otherwise.OA No. 722 of 2024PRAYERGrant an order of Interim Injunction Directing the Respondent, and/or their directors, representatives, authorized signatories, officers or any other person/entity with the requisite authority/power to forthwith cease from taking any further steps in the Recification/Cancellation Applications Nos.283336, 283334, 283340, 283338, 283337, 383343, 283333, 283342, 283341, 283339, 283335 and the Registration Applications Nos.6536505, 6536506, 6536303, 6536304, 6536305, 6536306, 6536307, 6536308, 6536309, 6536310 made before the Indian Trademark Registry and restrain the Respondent or any one who may be acting for and on its behalf in any manner whatsoever from initiating/pursuing any such action in respect of the intellectual properties licensed under Intellectual Property License and Techinical Assistance Agreement dated 11/08/2010 and other connected trademarks of the Applicant and/or AGCO Associate Companies and/or any other deceptively similar trademark.OA No. 723 of 2024PRAYERGrant an order of Interim Injunction Directing the Respondent, and/or their directors, representatives, authorized signatories, officers or any other person/entity with the requiste authority/power to forthwith cease from interfering with the intellectual properties licensed under Intellectual Property License and Technical Assistance Agreement dated 11/08/2010 and other connected trademarks of the Applicant and/or AGCO Associate Companies in any manner whatsoever.2/5 https://www.mhc.tn.gov.in/judis O.A.Nos.720 to 723, 725 to 728 & 804 of 2024OA No. 725 of 2024PRAYERGrant an order of interim injunction restraining the Respondent, its group companies, associates, promoters, directors, licensees, franchisees, Approved Dealers, stockists, retailers, semi-stockists, wholesalers, marketers, distributors, any othe entity/ person in the chain of supply, their family members, officers, employees, agents, distributors, servants or anyone who may be acting for and on its behalf in any manner whatsoever from using the AGCO Trade Marks being AGCO MASSEY FERGUSON MF The tractor livery consisting of the colour red applied to the hood, with a horizontal silver strips and with or without a silver grille surround at the front of the hood, as listed in Schedule A of the FMDA and/or other connected trademarks of the Applicant and/or AGCO Associates Companies and/or deceptively similar trademarks, for any purpose and in any manner whatsoever, including in the form of website, domain name, email address, other webpages, advertisement through any mode including social media or otherwise.OA No. 726 of 2024PRAYERGrant an order of Interim Injunction directing the Respondent and/or thier directors, representatives, authorized signatories, officers, or any other person entity with the requiste authority/power to forthwith cease from taking any further steps in the Cancellation Applications Nos.283336, 283334, 283340, 283338, 283337, 283343, 283333, 283342, 283341, 283339, 283335 and the Registration Applications No.6536505, 6536506, 6536303, 6536304, 6536305, 6536306, 6536307, 6536308, 6536309, 6536310 made before the Indian Trademark Registry and restrain the Respondent or any one who may be acting for and on its behalf, pending final determination of the arbitration in any manner whatsoever from initiating pursuing any such action in respect of the AGO Trade Marks being AGO MASSEY FERGUSON MF The tractor Livery consisting of the colour red applied to the hood, with a horizontal silver stripe and with or without a silver grile sorround at the front of the hood as listed in schedule A of the FMDA and other connected trademarks of the Applicant and/or AGCO Associates Companies, and/or deceptively similar trademarks.OA No. 727 of 2024PRAYERGrant an order of interim injunction directing, the Respondent and/or their directors, represenatatives, authorized signatories, officrs or any other person/entity with the requiste authority/power to forthwith cease from interfering with the AGCO Trade Mark being AGCO MASSEY FERGUSON MF, The Tractor livery consising of the colour red applied to the hood with a horizontal silver stripe and with or without a silver grille sorround at the front of 3/5 https://www.mhc.tn.gov.in/judis O.A.Nos.720 to 723, 725 to 728 & 804 of 2024the hood and other connceted trademarks of the Applicant and/or AGCO Associates Companies in any manner whatsoever.OA No. 728 of 2024PRAYERGrant an order of Interim Injunction restraining the Respondent, its group companies, associates, promoters, directions, licensees, franchisees, dealers, stockists, retailers, semi stockists, wholesalers, marketers, distributors any other entity/person in the chain of supply, their family members, officers, employees agents, distributors, servants or any one who may be acting for and on its behalf from using or operating the domain name https/masseyfergusonindia.com and/or any other domain name(s) consisting of and/or containing MASSEY FERGUSON MF and/or any other word similar/deceptively similar thereto.OA No. 804 of 2024PRAYERTo order temporary injunction restraininig the Respondent and its affiiates (i.e any AGCO Associate Company as defined under the FMDA) from directly or indirectly, distributing the products (as defined under the Farm Machinery Distributor Agreement dated 1 January 2012) in India under the Disputed Trademarks pending final disposalof the Arbitration Case No.28616/HTG/YML before the ICC.For applicant in OA Nos.720 to 723, 725 to 728 of 2024 &respondent in O.A.No.804 of 2024 : Mr.Krishna Srinivasan Ms.Geetha Ara for M/s.S.Ramasubramaniam &AssociatesFor respondent in OA Nos. 720 to 723, 725 to 728 of 2024 &applicant in O.A.No.804 of 2024: Mr.Rishab Gupta Mr.Mithun ThanksC O M M O N O R D E RWhen these matters were taken up for hearing today, separate withdrawal memos have been filed in O.A.Nos.720 to 723, 725 to 728 and 804 of 2024.2. Recording the above, all these Original Applications are closed.24.09.2025gya4/5 https://www.mhc.tn.gov.in/judis O.A.Nos.720 to 723, 725 to 728 & 804 of 2024N. ANAND VENKATESH, J.gyaO.A.Nos. 720 to 723, 725 to 728 & 804 of 2024 24.09.20255/5

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