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KRISHNA RAO
Kaira District Co-operative Milk Producers Union Ltd. – Appellant
Versus
Maa Tara Trading Co. – Respondent
JUDGMENT :
1. The plaintiffs have filed the instant suit seeking perpetual injunction restraining the defendants for infringement of registered trademark and passing off.
2. The plaintiff no. 1 is the registered proprietor of the trade mark “AMUL”. The plaintiff no. 1 obtained registration in the year 1958. The trade mark registration obtained by the plaintiff no. 1 have been renewed from time to time and till date the validity is subsisting. The plaintiffs have received multiple awards over the years for their work. The plaintiffs endeavour is not merely commercial but also to provide consumers with the highest level of satisfaction and quality. During the financial year 20182019, the plaintiff has procured on an average 33.34 lakhs kilogram milk per day from more than 1,785 milk societies, aggregating more than 121.69 crore kilogram of milk for the entire financial year.
3. The trade mark “AMUL” is a brand known across India and across globe. The brand symbolizes a very Indian brand that has become a household name across the length and breadth cutting across class lines. The tr
The trademark 'AMUL' is recognized as well-known and entitled to broad protection against identical or deceptively similar marks to prevent consumer confusion, irrespective of the goods involved.
The court found that despite phonetic similarity, the distinctiveness of trade marks and differences in intended consumer bases negate the likelihood of confusion and passing off.
Amendments should be liberally allowed to determine the real questions in controversy between the parties, and the cause of action for passing off and infringement were substantially identical.
The court emphasized likelihood of consumer confusion in trademark law, holding that similar marks can infringe established trademarks regardless of differences in service or field, thus supporting t....
Point of Law : Section 27 of Trade Marks Act provides that no action for infringement will lie in respect of an unregistered trade mark.
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