GOPAL JAISWAL Vs. MASAND AGRITECH

JUDGEMENT

(1.) This is an interim application in aid of a suit complaining of passing off. Both the plaintiff and the defendants are manufacturers of sprayers used by farmers to spray fertilizers in the field. They are called knapsack sprayers. It has a tube attached to it through which liquid fertilizer is sprinkled on the field.

(2.) The plaintiff says that the defendants are passing off their goods as those of the plaintiff.

(3.) Two boxes, one of the plaintiffs product and the other of the defendants' product were displayed in Court. The colour combinations in the two boxes are different. But the display of colour, the depiction of the appliance on the box itself together with the writing ATC SHAKTI SUPER thereon, prima facie, create an impression in my mind that both the boxes would be identified by an ordinary and prudent buyer to belong to the same manufacturer or brand. ATC SHAKTI SUPER is written across each of the boxes in similar font, but in different colours. They, in my prima facie opinion, reassemble each other.