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The Delhi High Court, last week, granted an ex-parte ad interim injunction in a trademark infringement suit filed by Amul, alleging trademark infringement by Maruti Metals in the sale of their kitchenware. (Gujarat Cooperative Milk Marketing Federation Ltd. and Anr. v Maruti Metals and Ors.)
The matter was listed before Justice Hari Shankar who granted an ex-parte, ad-interim injunction in favour of Amul.
"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 ... These assertions, which are also borne out by the record as it exists before me, 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 Court said.
Gujarat Cooperative Milk Marketing Federation Ltd (GCMMF), famously known as ‘AMUL’, had instituted the suit alleging the infringement of trademark and passing off against Maruti Metals, which was stated to have been using the "AMUL" mark ‘’for kitchenware and utensils".
It was submitted that Maruti Metals has been trying to pass off "Amul" as their registered trademark, by using registered trademark symbol "®". It was also submitted that the use of the symbol was misleading since Maruti Metals had not registered such a mark.
The Court was told that there is a rectification application filed by GCMMF against a mark registered by Maruti Metals, which is pending adjudication before the Registrar of Trademarks.
Senior advocate Sunil Dalal and advocate Abhishek Singh represented Amul.
Having passed an interim order in Amul's favour, the Court directed that the matter be listed before the Joint Registrar (Judicial) on October 25 for completion of certain pleadings.
Summons was issued to Maruti Metals.
Subject to the completion of pleadings, the Court has directed the renotification of Amul's application on September 9 for hearing and disposal.