Authority: High Court of Jammu, Kashmir and Ladakh, Srinagar

Order Date: 06.11.2026

Case Overview

  • Plaintiff: Bardana Super Hi-Tech Agro Tonic Pvt. Ltd.; Defendant: Amcons IPL (Agro Industrial Expansion) Pvt. Ltd. and others.
  • Suit filed in the Commercial Division of the High Court seeking permanent injunction, passing‑off restrain, copyright infringement relief, damages of Rs 3 crore, account rendition, seizure of infringing material, and other orders concerning the mark “SUPER AGRO‑TECH”.
  • Plaintiff also applied under Order XXXIX of the CPC for interim injunction; an ex‑parte interim order dated 25.03.2026 restrained the defendants from manufacturing, packaging, advertising, and selling goods under the impugned mark.
  • Defendants raised a preliminary objection on maintainability; the High Court transferred the suit to the Commercial Court, Pulwama (order dated 24.04.2026). The Supreme Court dismissed the Special Leave Petition (order dated 26.05.2026). The trial court subsequently dismissed the interim application (order dated 11.07.2026), finding no prima facie case.
  • Plaintiff asserted prior use of the marks since 2001, goodwill, and ownership of registered trademarks (Nos. 4151497, 461531, 4615318) and opposed the defendants’ trademark application No. 5672748. Defendants contended the marks are descriptive, generic, and that the plaintiff lacked proof of use and registration for the goods.

Final Outcome

  • The High Court upheld the trial court’s dismissal of the interim injunction application and dismissed the appeal. The plaintiff’s request to admit additional documentary evidence (invoices for 2017‑2018) was rejected. No injunction or any of the sought reliefs were granted.

Topics: Trademark Infringement, Passing Off