The Delhi High Court 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.
This is a clear case where grant of ad interim relief exists, it said and added that such representation also amounts to a fraud on the public. The suit said the Gujarat Cooperative Milk Marketing Federation Ltd is the registered holder of the well-known trademark ‘Amul’ used in milk and milk products.
The court issued summons to Maruti Metals on the suit filed by the milk marketing federation which alleged infringement by the defendant company by using its mark ‘Amul’ in context of kitchenware and utensils.
The court said the word ‘Amul’ is distinctive and has no etymological meaning, and it is indelibly associated in the minds of the consuming public with the products of the plaintiff — 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,
As an interim, the plaintiff sought direction to restrain the defendant, its officers, agents, dealers and others from advertising, promoting or in any other manner using or dealing with the infringing mark ‘Amul’ or any other logos or word, which are identical or deceptively similar to the plaintiff’s ‘Amul’ trademark.