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.

JUDGMENT

Prathiba M. Singh, J. (Oral)--This hearing has been done through hybrid conferencing.

I.A. 5773/2022 (u/O XXXIX Rule 2A) and I.A. 13342/2021 (u/O XXXIX Rule 4)

Brief Facts

2. This suit has been filed by Plaintiff No.1 - Gujarat Cooperative Milk Marketing Federation Ltd. and Plaintiff No.2 - Kaira District Cooperative Milk Producers. Union Ltd. (hereinafter, `Plaintiffs') seeking permanent injunction qua the Plaintiffs' well-known mark `AMUL'. The Defendant No.1 - Maruti Metals is engaged in the business of cookware, pressure cookers manufactured and sold under the trade mark AMUL. Defendant No. 2 - GO DADDY.COM LLC is the Domain Registrar of the infringing domain name of the Defendant No.1 i.e., www.amulcooker.com.

3. The case of the Plaintiffs is that Plaintiff No.2 is the registered proprietor of the `AMUL' trademarks and has licensed Plaintiff No.1, vide Trademark License Agreement dated 15.01.2001, right to use the said trademarks for milk, milk products and other foods and beverages. The Plaintiff No. 2 made its entry into the dairy industry in the year 1948 and has been using the trademark `AMUL' originating from the name "Anand Milk Union Limited", since 1958. The Plaintiffs mark 'AMUL' is renowned in India and is one of the country's best known brands for dairy products. The Plaintiffs are stated to have daily milk procurement of more than 250 Lakh kgs, produced from more than 18,559 village milk Co-operative societies and 3.6 million milk producers. They have also sponsored and promoted a large number of international events including sporting events under the brand name `AMUL' and are said to have the longest running advertisement campaign in the world, running since 1966.

4. The grievance of the Plaintiffs is that the Defendant No.1 is manufacturing, marketing and selling pressure cooker, sauce pans and other cookware under the mark (hereinafter, `impugned mark') which is identical/deceptively similar to the Plaintiffs' well known trademark `AMUL'. The following reliefs are prayed for in the present suit:

"a) Pass a decree of permanent injunction restraining Defendant No.1, their principal officers, family members, servants, agents, dealer, distributors, franchisees and anyone acting for and on their behalf, from advertising, promoting or in any other manner using or dealing with the infringing mark ' and the mark .

b) Pass a decree of permanent injunction restraining Defendant No.1, their principal officers, family members, servants, agents, dealer, distributors, franchisees and anyone acting for and on their behalf, from advertising, promoting or in any other manner dealing with the Plaintifts' 'AMUL' trademarks or any logos or any word, which is identical or deceptively similar to the Plaintiffs "AMUL' trademarks.

c) Pass a decree of permanent injunction qua Defendant No.1 to transfer the domain name: www.amulcooker.com to the Plaintiffs and a further Order of permanent and mandatory injunction restraining Defendant No.1, their principal officers, family members, servants, agents, dealer, distributors, franchisees and anyone acting for and on their behalf, from in any manner 'using the domain name www.amulcooker.com or any domain name which has 'AMUL' as suffix or prefix

d) Pass a decree directing Defendant No.2' to permanently block/delete/suspend the domain name www.amulcooker.com.

e) Pass a decree directing the Defendant No.1 to surrender to the Plaintiffs, for destruction, all goods, advertisement materials, packing materials, cartons, wrappers, labels, which