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In a significant ruling, the Delhi High Court has restrained Agrim Wholesale Private Limited (a prominent ecommerce platform) from using, soliciting, manufacturing, selling, offering for sale, importing, exporting, or advertising in any manner, including through the internet and e-commerce platforms, any crop protection products bearing the ‘Dhanuka’ trademark or any deceptively similar marks without authorization from Dhanuka Agritech Limited.

The order was passed pursuant to a suit filed by Dhanuka Agritech Limited, demonstrating that Agrim Wholesale had been marketing questionable agrochemical products under the ‘Dhanuka’ name through its online wholesale platform, without obtaining principal certificates or any authorization from Dhanuka. The Court also took note of the actions initiated by various government authorities against Agrim for selling products bearing brands of reputed agrochemical companies without the requisite licenses, principal certificates, or authorizations from such companies.

The Court observed that “The Defendant’s sale of the infringing products is prima facie dishonest and nothing but an attempt to ride on the goodwill and reputation of the Plaintiff’s marks so as to cause confusion in the market.”

The interim order reinforces judicial recognition of intellectual property rights and consumer safety within the agrochemical industry, emphasizing that the unauthorized online sale of regulated products cannot be permitted.

This ruling marks another in a series of judgments where courts have taken firm action against e-commerce entities selling agrochemical products containing brand names of companies without complying with the mandatory requirements prescribed under the Trade Marks Act, 1999, the Insecticides Act, 1968, and the Rules framed thereunder.

The matter is being handled by Kochhar & Co. Gurgaon Partner Mr. Ashish Kothari and supported by Ms. Shivangi Singh (Principal Associate), and Ms. Pratha Pant (Associate).