05-Feb-2025 11:16 PM
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Chennai, Feb5 (Reporter) The Madras High Court on Wednesday ordered Status Quo in favour of TAFE
in the Massey Ferguson brand suit, even as AGCO said it would respect the court order and deal
with with the issue legally.
A TAFE statement said the court ordered a status quo on the usage of the Massey Ferguson brand
in India, in favour of TAFE ensuring thereby uninterrupted exclusive use of the Massey Ferguson brand in India until disposal of the suit.
The court passed orders on TAFE’s applications after a detailed hearing, observing that TAFE had
made out a ‘prima facie’ case and that the ‘balance of convenience’ is in favour of TAFE.
TAFE has been using the brand uninterruptedly since 1960 in India.
The court, in its order, referred extensively to an earlier status quo order of the Division Bench.
Meanwhile, AGCO, in a statement said, "we respect this ruling, allowing TAFE on interim use of the Massey Ferguson brand in India until the issue of ownership of he brand in India is finally decided."
While it is a temporary measure and not based on the evidence that AGCO is yet to submit, AGCO will continue to defend its 177-year-old Massey Ferguson brand worldwide, including in India.
"We are in the process of considering the terms of the Order and will take appropriate legal measures to dispute the Order including by way of appeal", it said.
"As proud owners, we are committed to preserving the Massey Ferguson legacy and safeguarding intellectual property. Protecting trademarks and copyrights is essential for fostering innovation, attracting investment into India and setting industry standards globally", the statement said.
"India’s agricultural future is key to AGCO’s mission, and we are dedicated to providing farmers with straightforward, dependable and high-quality equipment to drive their productivity. In line with our Farmer-First strategy, Massey Ferguson will always prioritize Indian farmers", it added.
"We maintain that TAFE's conflicting claims – asserting both licensee and ownership rights over the Massey Ferguson trademarks – are mutually contradictory, as they cannot hold both positions simultaneously", AGCO said.
For more than 50 years, TAFE has signed multiple agreements with AGCO and Massey Ferguson with TAFE recognizing itself as a trademark licensee of the Massey Ferguson brand in India. It is important to note that AGCO has received multiple favorable rulings to date, successfully defending against TAFE's s claims on jurisdiction, contempt of court, supply arrangements and brand ownership, including at the Supreme Court level.
As announced on September 30, 2024, AGCO issued termination notices to TAFE for the Massey
Ferguson brand license agreement, effective immediately. These terminations followed inappropriate
and unauthorized actions taken by TAFE that AGCO believes breached the various agreements.
Simultaneously, AGCO commenced legal proceedings against TAFE in India related to the use of the
Massey Ferguson brand following delivery of these termination notices, which proceedings are ongoing before Indian courts...////...