Amul Strikes Back: Court Defends Iconic Trademark Against ‘Amuleti’ Infringement
- India Monthly News Roundup – September 2024(Read Here)
- Amul Strikes Back: Court Defends Iconic Trademark Against ‘Amuleti’ Infringement(Read Below)
Gujarat Co-Operative Milk Marketing Federation Ltd vs. Terre Primitive Citation: CS(COMM) 768/2024
Brief Facts: “Amul”, a well-known Indian dairy brand since 1958, sued an Italian company for trademark infringement. The Defendant, selling confectionery under the ‘Amuleti’ mark since 2020, is accused of using a deceptively similar trademark to Amul’s registered mark. Amul claims the Defendant’s products are sold online, and accessible in India. The Plaintiffs argue visual similarity, and potential consumer confusion, and highlight Amul’s recognition as a well-known trademark by IPAB in 2015. Amul discovered the alleged infringement in August 2024. The suit seeks injunction, damages, and accounts rendition for passing off and trademark infringement.
Analysis: This case highlights the challenges of protecting well-known trademarks in the digital age. The court’s interim order seems to favor “Amul”, recognizing its status as a well-known mark (as per IPAB’s 2015 decision). However, several points warrant consideration:
- Jurisdiction: The court assumed jurisdiction based on website accessibility, which aligns with the “effects test and sliding scale” established in Banyan Tree Holding v. A. Murali Krishna Reddy (2009). This approach, while protecting Indian trademark owners, may have far-reaching implications for international businesses.
- Similarity Assessment: Given the visual and phonetic similarities, the court’s view that ‘Amuleti’ is deceptively similar to ‘Amul’ seems reasonable. As observed Defendant No. 1 has adopted a similar font as that of the plaintiffs’ mark for its impugned marks. Defendant is trying to ride on the reputation of Plaintiff’s well-known mark as closely as possible.
- Suffix: Adding ‘eti’ to ‘Amul’ does not distinguish the mark in the present case as Delhi High Court in the case PhonePe Pvt. Ltd. v. EZY Services (2019), When assessing trademark similarity, the mark should be considered as a whole. The average consumer doesn’t dissect a trademark but perceives it in its entirety. The evaluation should focus on the overall structural and phonetic resemblance between marks, considering the nature of the goods and the consumer’s familiarity with them. The key question is whether the defendant’s trademark in its complete form is likely to confuse or mislead consumers who are familiar with the plaintiff’s existing trademark.
- Online Presence: The order’s scope covering social media and e-commerce platforms reflects the evolving nature of trademark protection in the digital realm.
Held: The court issued interim orders restraining the Defendant from using, selling, or promoting the ‘Amuleti’ marks or any marks similar to ‘Amul’ across all platforms. The Defendant is prohibited from using the ‘Amul’ trademark or any deceptively similar marks. They must remove infringing product listings from their website and surrender all materials bearing the disputed marks to the Plaintiff for destruction. These orders apply to the Defendant, their officers, family members, agents, distributors, and anyone acting on their behalf. The next hearing is scheduled for January 7th, 2025.
The Protection of Trade Secrets Bill, 2024
Amul Strikes Back: Court Defends Iconic Trademark Against ‘Amuleti’ Infringement
Changing Trends in Trademark Enforcement Rights
Copyright Infringement – Section 63, A Cognizable and Non-Bailable Offence
Amul Strikes Back: Court Defends Iconic Trademark Against ‘Amuleti’ Infringement
- India Monthly News Roundup – September 2024(Read Here)
- Amul Strikes Back: Court Defends Iconic Trademark Against ‘Amuleti’ Infringement(Read Below)
Gujarat Co-Operative Milk Marketing Federation Ltd vs. Terre Primitive Citation: CS(COMM) 768/2024
Brief Facts: “Amul”, a well-known Indian dairy brand since 1958, sued an Italian company for trademark infringement. The Defendant, selling confectionery under the ‘Amuleti’ mark since 2020, is accused of using a deceptively similar trademark to Amul’s registered mark. Amul claims the Defendant’s products are sold online, and accessible in India. The Plaintiffs argue visual similarity, and potential consumer confusion, and highlight Amul’s recognition as a well-known trademark by IPAB in 2015. Amul discovered the alleged infringement in August 2024. The suit seeks injunction, damages, and accounts rendition for passing off and trademark infringement.
Analysis: This case highlights the challenges of protecting well-known trademarks in the digital age. The court’s interim order seems to favor “Amul”, recognizing its status as a well-known mark (as per IPAB’s 2015 decision). However, several points warrant consideration:
- Jurisdiction: The court assumed jurisdiction based on website accessibility, which aligns with the “effects test and sliding scale” established in Banyan Tree Holding v. A. Murali Krishna Reddy (2009). This approach, while protecting Indian trademark owners, may have far-reaching implications for international businesses.
- Similarity Assessment: Given the visual and phonetic similarities, the court’s view that ‘Amuleti’ is deceptively similar to ‘Amul’ seems reasonable. As observed Defendant No. 1 has adopted a similar font as that of the plaintiffs’ mark for its impugned marks. Defendant is trying to ride on the reputation of Plaintiff’s well-known mark as closely as possible.
- Suffix: Adding ‘eti’ to ‘Amul’ does not distinguish the mark in the present case as Delhi High Court in the case PhonePe Pvt. Ltd. v. EZY Services (2019), When assessing trademark similarity, the mark should be considered as a whole. The average consumer doesn’t dissect a trademark but perceives it in its entirety. The evaluation should focus on the overall structural and phonetic resemblance between marks, considering the nature of the goods and the consumer’s familiarity with them. The key question is whether the defendant’s trademark in its complete form is likely to confuse or mislead consumers who are familiar with the plaintiff’s existing trademark.
- Online Presence: The order’s scope covering social media and e-commerce platforms reflects the evolving nature of trademark protection in the digital realm.
Held: The court issued interim orders restraining the Defendant from using, selling, or promoting the ‘Amuleti’ marks or any marks similar to ‘Amul’ across all platforms. The Defendant is prohibited from using the ‘Amul’ trademark or any deceptively similar marks. They must remove infringing product listings from their website and surrender all materials bearing the disputed marks to the Plaintiff for destruction. These orders apply to the Defendant, their officers, family members, agents, distributors, and anyone acting on their behalf. The next hearing is scheduled for January 7th, 2025.
The Protection of Trade Secrets Bill, 2024
Amul Strikes Back: Court Defends Iconic Trademark Against ‘Amuleti’ Infringement
Changing Trends in Trademark Enforcement Rights
Copyright Infringement – Section 63, A Cognizable and Non-Bailable Offence
Amul Strikes Back: Court Defends Iconic Trademark Against ‘Amuleti’ Infringement
- India Monthly News Roundup – September 2024(Read Here)
- Amul Strikes Back: Court Defends Iconic Trademark Against ‘Amuleti’ Infringement(Read Below)
Gujarat Co-Operative Milk Marketing Federation Ltd vs. Terre Primitive Citation: CS(COMM) 768/2024
Brief Facts: “Amul”, a well-known Indian dairy brand since 1958, sued an Italian company for trademark infringement. The Defendant, selling confectionery under the ‘Amuleti’ mark since 2020, is accused of using a deceptively similar trademark to Amul’s registered mark. Amul claims the Defendant’s products are sold online, and accessible in India. The Plaintiffs argue visual similarity, and potential consumer confusion, and highlight Amul’s recognition as a well-known trademark by IPAB in 2015. Amul discovered the alleged infringement in August 2024. The suit seeks injunction, damages, and accounts rendition for passing off and trademark infringement.
Analysis: This case highlights the challenges of protecting well-known trademarks in the digital age. The court’s interim order seems to favor “Amul”, recognizing its status as a well-known mark (as per IPAB’s 2015 decision). However, several points warrant consideration:
- Jurisdiction: The court assumed jurisdiction based on website accessibility, which aligns with the “effects test and sliding scale” established in Banyan Tree Holding v. A. Murali Krishna Reddy (2009). This approach, while protecting Indian trademark owners, may have far-reaching implications for international businesses.
- Similarity Assessment: Given the visual and phonetic similarities, the court’s view that ‘Amuleti’ is deceptively similar to ‘Amul’ seems reasonable. As observed Defendant No. 1 has adopted a similar font as that of the plaintiffs’ mark for its impugned marks. Defendant is trying to ride on the reputation of Plaintiff’s well-known mark as closely as possible.
- Suffix: Adding ‘eti’ to ‘Amul’ does not distinguish the mark in the present case as Delhi High Court in the case PhonePe Pvt. Ltd. v. EZY Services (2019), When assessing trademark similarity, the mark should be considered as a whole. The average consumer doesn’t dissect a trademark but perceives it in its entirety. The evaluation should focus on the overall structural and phonetic resemblance between marks, considering the nature of the goods and the consumer’s familiarity with them. The key question is whether the defendant’s trademark in its complete form is likely to confuse or mislead consumers who are familiar with the plaintiff’s existing trademark.
- Online Presence: The order’s scope covering social media and e-commerce platforms reflects the evolving nature of trademark protection in the digital realm.
Held: The court issued interim orders restraining the Defendant from using, selling, or promoting the ‘Amuleti’ marks or any marks similar to ‘Amul’ across all platforms. The Defendant is prohibited from using the ‘Amul’ trademark or any deceptively similar marks. They must remove infringing product listings from their website and surrender all materials bearing the disputed marks to the Plaintiff for destruction. These orders apply to the Defendant, their officers, family members, agents, distributors, and anyone acting on their behalf. The next hearing is scheduled for January 7th, 2025.
The Protection of Trade Secrets Bill, 2024
Amul Strikes Back: Court Defends Iconic Trademark Against ‘Amuleti’ Infringement
Changing Trends in Trademark Enforcement Rights
Copyright Infringement – Section 63, A Cognizable and Non-Bailable Offence
Connect with our Experts to resolve your legal issues!
KAnalysis is a boutique full service law firm, well positioned to represent its international and domestic clients.
© 2007 – 2024 KAnalysis Consultant Private Limited. All Rights Reserved