After Amul Trademark Infringement Lawsuit, Delhi HC Sends Notice to Maruti Metals, Marketing & Advertising News, ET BrandEquity
The Delhi High Court on Saturday granted an interim ex parte injunction to the Gujarat Cooperative Milk Marketing Federation Ltd, known as “Amul”, which had brought a trademark infringement claim against a company it said was using a deceptive brand to sell its cookware and utensils.
The court also issued a notice to the tea company Maruti Metals regarding the trademark infringement lawsuit and prevented it from dealing in any way with the trademarks of Amul or any other marks identical or deceptively similar to GCMMF’s well-known “AMUL” trademarks.
Justice C Hari Shankar said: “These assertions, which are also confirmed by the record as it stands before me, constitute prima facie case in favor of the Applicant (GCMMF). As the contested mark is not registered and is illegally shown as a registered mark, a clear case for the granting of a provisional measure, in my opinion, exists. Such an inaccurate declaration also constitutes fraud on the consuming public, further justifying the interlocutory ban as requested. “
The court also issued a notice to defendant Maruti Metals and scheduled the case for a new hearing on September 9, 2021.
The court heard the GCMMF’s plea asking for interim ex parte orders prohibiting the defendant Maruti Metals, their principal officers, their family members, servants, agents, dealers, distributors, franchisees and anyone acting for and on their behalf from doing business. advertising, promotion or in any other way using or dealing with the infringing trademark of Amul.
GCMMF also sought to pass interim ex parte orders prohibiting the defendant Maruti Metals, their principal officers, their family members, attendants, agents, dealers, distributors, franchisees and anyone acting for and on their behalf from advertising , promotion or in any other manner dealing with the Applicant’s “AMUL” trademarks or any other logo or word, which is identical or deceptively similar to the Applicant’s “AMUL” trademarks.
Lead lawyer Sunil Dalal, representing plaintiff GCMMF, pointed out that defendant Maruti Metals illegally mirrored its mark as registered, using the exhibitor with the contested mark and the contested mark used by the defendant company is not registered.
Gujarat Cooperative Milk Marketing Federation Ltd, popularly known as ‘AMUL’, which is India’s largest dairy brand, has filed a civil action, through its lawyer Abhishek Singh, in the High Delhi court for infringement of its well-known mark “AMUL” and for bringing charges against Maruti Metals which used the mark for cookware and utensils.
Lead attorney Sunil Dalal appeared on behalf of Amul in said lawsuit and argued that although Maruti Metals has obtained another registered trademark against which GCMMF’s rectification request is pending a decision by the Registrar of trademarks. (ANI)