“AMUL” name from cookware online platforms delisted, can cause confusion and deception in the mind of the consumer: Delhi High Court
The Delhi High Court passed a judgment prohibiting cookware company from using “AMUL” as it is already registered as a trademark of dairy products and it amounts to trademark infringements. This was seen in the case of GUJARAT COOPERATIVE MILK MARKETING FEDERATION LTD Vs. MARUTI METALS & ANR (CS(COMM) 343/2021) and the case was presided over by Honourable Mr. Justice Pratibha M. Singh.
FACTS OF THE CASE
Gujarat Cooperative Milk Marketing Federation Limited and Kaira District Cooperative Milk Producers’ Union Limited filed the lawsuit to prevent Maruti Metals from producing and marketing its products under the well-known trademark “AMUL,” which they claimed was confusingly like their registered trademark, which has been used since 1958 for milk and other goods.
Through its learned counsel, the plaintiff’s submitted “AMUL” is a well-known mark owing to its large-scale use, extensive promotion, and immense goodwill that it has acquired. Dairy products and cookware are allied goods since they are used in the kitchen and thus the use of an identical mark i.e., “AMUL” in respect of dairy products, cookware, and pressure cookers should not be permitted as it is likely to cause confusion and deception in the mind of the consumer.
JUDGEMENT
The Court passed an injunction order in favor of the plaintiffs and directed that if the product listings are not removed, the plaintiffs are permitted to write to all the online platforms, upon which the websites shall give effect to the order without any further directions of the court.
“All existing packaging under the mark “AMUL” kept with Defendant, will not be used and shall be destroyed by Defendant”, said the court.
The court suggested that the defendant can use “AMULYA” as an interim arrangement in respect of its cookware, pressure cookers, etc, and the color combination, style of writing, etc. shall be completely distinct and different from the plaintiff’s‟ mark “AMUL.”
The Court further stated that all ‘AMUL’ branded cook wear and pressure cooker products shall remain delisted from all e-commerce platforms or any other online platforms.
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JUDGEMENT REVIEWED BY ABHINAV SHUKLA.