The Delhi High Court has restrained a company from using ‘Amul’ on its kitchenware
The High Court of Delhi has restrained a company from using ‘Amul’ on its kitchenware products as it is deceptively similar to the trademark of the Gujarat Cooperative Milk Marketing Federation Ltd. The mark used by the defendant company is not registered and is being illegally shown as a registered mark, the high court said.
Senior advocate Sunil Dalal was representing the plaintiff in front of the court. He resisted that Metals Maruti had illegally showed their registered trademark when it was not registered to Mislead the public
Suit said the Gujarat Cooperative Milk marketing federation Ltd is the enlisted holder of the registered brand name or trademark ‘Amul’ used in milk and milk items. Justice C Hari Shankar issued summons to Maruti Metals on the suit recorded by the milk marketing federation which affirmed infringement by the respondent company by using its imprint ‘Amul’ in setting of kitchenware and utensils. However, GCMMFL alleged that defendants deliberately used its mark ‘Amul’ in the context of kitchenware and utensils with the sole motive to ride their goodwill. The court said the word ‘Amul’ is particular and has no etymological importance, and it is permanently associated in the personalities of the devouring public with the results of the offended party – Gujarat Cooperative Milk Marketing Federation Ltd. “Prima facie, any use of the word ‘Amul’ as a trademark by any other entity may tantamount to infringement,” the court added.
This is an unmistakable situation where grant of temporary alleviation exists, it said and added that such representation also amounts to a fraud on the public . The applicant looked for course to limit the litigant, its officials, agents, dealers and others from publishing, advertising or in some other way using or dealing the infringing mark ‘Amul’ or some other logos or word, which are identical or misleadingly like the petitioner ‘s ‘Amul’ trademark.