The Delhi High Court has granted interim injunction to ‘Amul’ brand against an Italian Company namely Terre Primitive, using the trademark ‘Amuleti’.
Gujarat Co-operative Milk Marketing Federation Ltd. had filed a suit, seeking permanent and mandatory injunction, passing off, damages, and rendition of accounts.
A Single Bench of Justice Mini Pushkarna observed, “… the plaintiffs have demonstrated a prima facie case for grant of injunction and, in case, no ex parte ad interim injunction is granted, the plaintiffs will suffer an irreparable loss. Further balance of convenience also lies in favour of the plaintiffs, and against the defendants.”
Advocates Abhishek Singh, Elvin Joshy, J. Amal Anand, Alisha Sharma, and Shashwat Tyagi represented the plaintiffs.
Factual Background –
The counsel for the plaintiffs submitted that they have been marketing various products including milk and milk products using the well-known trademark ‘AMUL’ throughout the country and abroad. The suit filed by the plaintiffs was primarily directed against the defendant, a company incorporated under the laws of Italy and being engaged in the business of selling, marketing, promoting, and advertising its cookies and chocolate covered biscuits under the mark ‘Amuleti’. The plaintiffs alleged that the defendant’s marks are identical and deceptively similar to the well-known mark ‘Amul’.
It was submitted that the defendant’s marks were structurally and visually similar and hence, bound to cause confusion in the minds of the unwary and gullible public. It was further submitted that the defendant’s mark ‘Amuleti’ wholly encompasses and retains the plaintiffs’ mark ‘Amul’ and has added the suffix ‘eti’ to the marks. It was also alleged that in addition to its own website, the defendant was promoting, marketing, and selling its products under the impugned marks on its accounts maintained with the social media platforms ‘Facebook’ and ‘Instagram’.
The High Court in the above regard said, “It is submitted that defendant no. 1’s use of plaintiffs’ reputed, registered and well-known trademarks creates confusion and deception in the minds of the purchasing consumers that the defendant no. 1 has a direct nexus or affiliation with the plaintiffs and that the business of the defendant no. 1 has been endorsed by or is associated with the plaintiffs. This dilution and passing off of the plaintiffs’ trademarks is causing grave injury to the trademark rights of the plaintiffs and resulting in immense loss and damage to the plaintiffs business. Further, all profits earned by the defendant no.1 in pursuance of their illegal activities lead to unjust enrichment of the defendant no.1 at the expense of the plaintiffs.”
The Court, therefore, issued the following directions till the next date of hearing –
• The defendant no. l, their principal officers, family members, servants, agents, dealer, distributors, franchisees and anyone acting for and, on their behalf, are restrained from selling, marketing, advertising, promoting or in any other manner using or dealing with the impugned marks , or any other marks or logos which are identical or deceptively similar to the plaintiffs’ marks or logos, in the physical market, or social media or e-commerce platforms or any other online platforms.
• Defendant no. 1 is directed to take down the listing of products bearing the impugned marks.
• Defendant no. 1 is directed to surrender to the plaintiffs, for destruction, all goods, advertisement materials, packing materials, cartons, wrappers, labels, which bear the impugned marks, or any mark which is identical/deceptively similar to the plaintiffs’ ‘AMUL’ trademarks.
Accordingly, the High Court granted interim injunction to the plaintiffs and listed the case on January 7, 2025.
Cause Title- Gujarat Co-operative Milk Marketing Federation Ltd. & Anr. v. Terre Primitive & Ors.