Maruti Metals was restrained by Delhi High Court from infringing Amul's Trademark

The Delhi High Court has passed a ruling restraining a company named Maruti Metals from using the trademark 'Amul' on its kitchenware products because it is deceptively similar to the trademark belong to the Gujarat Cooperative Milk Marketing Federation Ltd. (GCMMFL) and if allowed would have created confusion in the market. However, the impugned mark of the defendant company is not registered yet but was being illegally shown as a registered mark as per the high court. “This is a clear case where the grant of ad-interim relief exists and such representation also amounts to a fraud on the public”, it added. The suit said, “The Gujarat Cooperative Milk Marketing Federation Ltd. is the registered holder of the well-known trademark 'Amul' used in milk and milk products.”

The matter came before Justice C. Hari Shankar who later issued summons to defendants in the suit which was filed by the milk marketing federation. However, GCMMFL alleged that defendants deliberately used its mark 'Amul' in the context of kitchenware and utensils with the sole motive to ride their goodwill. The court said, “The word 'Amul' is distinctive and has no etymological meaning, and 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." Senior advocate Sunil Dalal was representing the plaintiff before the court. He contended that Maruti Metals had illegally depicted its trademark as registered in the market when it was not registered to mislead the public.

However, the court while passing an ad interim order against defendants, directed them to file their written statement in response to the suit along with an affidavit of admission and denial of documents that were filed by the plaintiff. It was given a time period of four weeks for that. The interim application for a hearing is scheduled to be heard on September 9. Let’s see what will be the outcome of this case but the high probability is there of having a decision in favor of the plaintiff because everyone associates the mark ‘Amul’ to them only, they hold a great reputation in the market.