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In a case for grant of ex-parte ad-interim injunction, the Delhi High Court has restrained M/s Maruti Metals from using ‘Amul’ on its kitchenware products claiming that it is deceptively similar to the trademark of the Gujarat Cooperative Milk Marketing Federation Ltd.

The Gujarat Cooperative Milk Marketing Federation Ltd, popularly known as ‘Amul’, instituted a civil suit, through Adv. Abhishek Singh claiming infringement of its well-known trademark ‘AMUL’ and for passing off.

Issuing summons to Maruti Metals, Justice C Hari Shankar observed that, “the mark used by the defendant company is not registered and is being illegally shown as a registered mark. This is a clear case where grant of ad interim relief exists, it said and added that such representation also amounts to a fraud on the public.”

Amul had sought directions to restrain the defendant, its officers, agents, dealers and others from advertising, promoting or in any other manner using or dealing with the infringing mark 'Amul' or any other logos or word, which are identical or deceptively similar to the 'Amul' trademark.

The Bench noted that, the word 'Amul' is distinctive and has no etymological meaning, and is indelibly associated in the minds of the consuming public with the products of Gujarat Cooperative Milk Marketing Federation Ltd.

"Prima facie, any use of the word 'Amul' as a trademark by any other entity may tantamount to infringement," said Bench

The Bench observed that these assertions, which are also borne out by the record as it exists before it, make out a prima facie case in favour of the plaintiff.

"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 Bench asked defendant company Maruti Metals to file its written statement within 4 weeks in response to the suit along with an affidavit of admission and denial of documents filed by the plaintiff.

The bench has listed the interim application for hearing on Sep 9 and observed, “in the meantime, there shall be an ad interim order in terms of prayers."

Case Title: Gujarat Cooperative Milk Marketing Federation Ltd & Anr. v. Maruti Metals & Anr

Edited by Shreya Agarwal