Trademarkclick
AMUL PROVES ITS CLAIM OVER ANUL
Trademarkclick .com 28 Jun 2018

AMUL PROVES ITS CLAIM OVER ANUL

Finally, after two decades Amul came with flying colours. The commercial court in Vadodara ruled that the Ahmedabad based private dairy company Shri Shakti Dairy should be restrained from selling the packed milk under the trade name of ‘Anul Taaza’ and ‘Anul Shakti’. These products are being marketed by the entity Kuldeep Enterprises.

Reporting Infringement

Having bird's eye, the Kiara District Cooperative Milk Producers Union Limited, well known as Amul Dairy along with the Gujarat Cooperative Milk Marketing Federation Limited (GCMMF) which is the supreme marketing body of dairy unions of Gujarat that advertises Amul, noticed that the Shri Shakti Dairy was manufacturing and selling the packed milk under the trade name that is deceptively similar to the Amul’s Brand names ‘Amul Shakti’ and ‘Amul Taaza’ since 1998. Being phonetically similar they are capable of causing confusion to the ordinary public of reasonable intelligence.

Legal action put in motion

Amul objected to this activity since inception. Amul had first sent legal notices to the above mentioned respondents but this action went in vain. The defendants continued selling the products under same brand names, the Amul finding no other options approached the Nadiad district court and further the case was transferred to the newly established commercial court at Vadodara.

Contentions/ Claims

It was also contended by the Amul that the defendants are also using the same trade dress as that of the Amul. The colour pattern, as well as the layout of the pouches, are also resembling each other. Such usage clearly manifests the malafide intentions of the defendants to dilute the popular and well known trademark. The Amul stated that the defendant’s business was mainly carried in the rural areas wherein the consumers are not so much educated to critically analyze and differentiate between both the brands. In such case, the defendant is easily passing off the plaintiff’s brand leading to the
trademark infringement.

Judgement

After analyzing various documentary evidence, last week the court granted an injunction against the selling, marketing, dealing, manufacturing, processing, packing of the said products under the same name/label thereby infringing the trademark of Amul.

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