Delhi High Court Grants Ex-Parte Ad-Interim Injunction In Trademark Infringement Suit Filed By 'Amul'

The Delhi High Court has granted ex-parte ad-interim injunction to Gujarat Cooperative Milk Marketing Federation Ltd, popularly known as 'Amul', in a trademark infringement suit which alleged that a company was using a misleading mark i.e. 'Amul Cookware' for selling kitchenware and utensils.

Observing that a prima facie case is made out in favour of the Amul, Justice C Hari Shankar observed:

"The word "AMUL" is distinctive, and has no etymological meaning. It is indelibly associated, in the minds of the consuming public, with the products of the plaintiff. Prima facie, any use of the word "AMUL" as a trademark by any other entity may tantamount to infringement."

Reliance was placed on Section  29(4) of the Trademarks Act, 1999, that permits an action for infringement to lie even in respect of dissimilar goods, where the impugned mark is deceptively similar to that of the plaintiff.

Senior Advocate Sunil Dalal appearing for Amul submitted that the defendant company had illegally reflected its trademark as registered by using the superscript ® with the impugned mark. Therefore, it was submitted that it had used a misleading and unregistered trademark.

"As the impugned mark is not registered, and is being illegally shown as a registered mark, a clear case for grant of ad interim relief, in my view, exists. Such misrepresentation also amounts to a fraud on the consuming public, additionally justifying interlocutory interdiction as sought," the Court said after hearing the plaintiff.

Accordingly, notice has been issued to the Defendant and the Court has listed the matter on October 25 before Joint Registrar (Judicial) for completion of pleadings, admission or denial of documents and marking of exhibits of the same.

In its plea, Amul had prayed for ad-interim ex-parte orders restraining Defendant, their principal officers, family members, servants, agents, dealer, distributors, franchisees and anyone acting for and on their behalf from advertising, promoting or in any other manner using or dealing with the infringing mark.

Senior Advocate Sunil Dalal alongwith Advocates Abhishek Singh, Devashish Bhadauria, J. Amal Anand and Elvin Joshy appeared for plaintiff.

Title: GUJARAT COOPERATIVE MILK MARKETING FEDERATION LTD & ANR v. MARUTI METALS & ANR.

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