##PAGE1##

$~16

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(COMM) 768/2024 & I.A. 38738/2024

GUJARAT CO-OPERATIVE MILK MARKETING FEDERATION

LTD & ANR. .....Plaintiffs

Through: Mr. Abhishek Singh, Mr. J. Amal

Anand, Mr. Elvin Joshy, Mr. K.V.

Vibu Prasad, Mr. Utkarsh Sahu & Mr.

Ayush Soni, Advs.

versus

TERRE PRIMITIVE & ORS. .....Defendants

Through: None

CORAM:

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 23.12.2025

I.A. 38738/2024

1. This is an application filed under Order XXXIX Rule 1 and 2 of the

Code of Civil Procedure, 1908 [‘CPC’].

2. Learned counsel for the Plaintiffs states that the injunction order dated

09.09.2024 was passed, which has been implemented.

3. In view of the decree, the said injunction order is made absolute.

4. The application is disposed of.

CS(COMM) 768/2024

5. This suit has been filed seeking permanent and mandatory injunction,

passing off, damages and other ancillary reliefs.

6. The Plaintiffs are engaged in the business of marketing milk and milk

products under the trademark AMUL since 1948. AMUL is the house mark

for the Plaintiffs.

Page 1 of 8

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 19/01/2026 at 22:27:20

7. The Plaintiffs’ earliest registration is for the device mark

bearing TM no. 185698 in class 29, application dated

01.07.1958. The AMUL mark has been registered in various languages.

Details of Plaintiffs’ various AMUL registrations have been set out in

paragraph ‘19’ of the plaint.

8. The Plaintiffs’ trademark AMUL was recognised as a well-known

trademark by the Intellectual Property Appellate Board on 29.05.2015

9. The Plaintiffs’ turnover for the year 2022-2023 was Rs. 55,073.59

crores.

Overview of the Defendants

10. Defendant No.1/Terre Primitive is engaged in the manufacturing,

marketing and sale of products under the mark

/AMULETI [‘impugned mark’].

11. The products bearing the impugned mark are being sold at

https://www.terreprimitive.it/chi-siamo/ [‘impugned website’], of which

Defendant No.2/Registrar S.P.A is the Domain Name Registrar [‘DNR’].

12. The products bearing the impugned mark are also available on

Defendant No.1’s social media accounts on Instagram and Facebook, which

are owned and operated by Defendant No.3/Meta Platforms Inc.

Knowledge about Defendant No.1’s infringement

13. In August 2024, the Plaintiffs learnt about Defendant No.1 selling its

confectionery products in India under the impugned mark, which is

deceptively similar to the Plaintiffs’ mark.

Page 2 of 8

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 19/01/2026 at 22:27:20

Submissions on behalf of the Plaintiffs

14. Mr. J. Amal Anand, learned counsel for the Plaintiffs, states that he

has taken instructions and the Plaintiffs would be satisfied if a decree of

permanent injunction can be passed against Defendant Nos. 1 and 2 in terms

of the injunction order dated 09.09.2024, more specifically paragraph ‘35’

therein.

14.1. He states that the the social media accounts on which the impugned

marks were being used by the Defendant No. 1 have already been taken

down by Defendant No. 3, and Defendant No. 1 has not approached this

Court to seek variation of the order.

14.2. He states that the impugned website is not functional as on date.

14.3. He states that Plaintiffs do not wish to press for their claim for

monetary damages and that the suit may be decreed for the relief of

permanent injunction in terms of the order dated 09.09.2024.

Court’s Findings

15. The Court has heard the submissions of the Plaintiffs and perused the

record.

16. The predecessor bench of this Court vide order dated 09.09.2024 had

issued summons and granted an ex-parte ad interim injunction in favour of

the Plaintiffs.

17. The learned Joint Registrar (J), vide order dated 04.0