INTRODUCTION
The Delhi High Court in ‘Gujarat Co-Operative Milk Marketing Federation Ltd & Anr. V. Terre Primitive & Ors.’ sided with Amul in a trademark infringement case against Italian company Terre Primitive, restraining them from using the mark ‘Amuleti,’ which the court held as deceptively similar to the renowned ‘Amul’ brand. The case, which centered on consumer confusion due to its phonetic and visual similarity and overall brand association, reinforces the importance of trademark protection, particularly for well-known brands. This decision serves as a crucial precedent in safeguarding established trademarks from infringement through deceptively similar marks.
BACKGROUND
Gujarat Cooperative Milk Marketing Federation (GCMMF), which markets dairy products under the iconic Amul brand, is a household name in India and enjoys a global reputation, ranking 8th among the world’s top dairy organizations. On the other hand, Terre Primitive, an Italian company, specializing in the production and sale of premium cookies, chocolates, and other confectionery items. Known for its artisanal approach and high-quality ingredients, the company has established itself in the European market. The defendant began using the mark ‘Amuleti’ only recently, in 2020, raising concerns about misappropriation of the plaintiff’s established goodwill.
INFRINGEMENT
The mark ‘Amuleti’ adopted by Terre Primitive for its brand infringed the well-known trademark ‘Amul’ due to striking visual and phonetic resemblance. In August 2024 plaintiff came to know about the defendants. Therefore, the Plaintiff, Gujarat Cooperative Milk Marketing Federation filed the suit against the defendant, Terre Primitive and contended that since both parties have same target market, this is likely to cause consumer confusion and dilute the distinctiveness of ‘Amul’. The script, style, and presentation of ‘Amuleti’ bear a striking resemblance to that of ‘Amul’, with the mere addition of the suffix ‘eti’, suggesting a blatant attempt to capitalize on the established brand recognition of ‘Amul’.
JUDGEMENT
Delhi High Court sided with the plaintiff and issued an injunction in favor of ‘AMUL’, restraining Terre Primitive from using and adopting any mark similar or identical to the ‘Amul’ till the pending hearing scheduled on 7th January 2025. Hon’ble Justice Mini Pushkarna further directed the defendants to take down the infringing products from their website. Additionally, Meta Inc. received a directive to restrict or terminate the social media presence of the Italian company, which had been promoting or advertising the infringing products.
ANALYSIS
The Delhi High Court’s ruling in the Amul vs. Terre Primitive trademark infringement case has profoundly influenced the interpretation and application of Section 29(9) of the Trademark Act, 1999. This landmark decision has fortified the section, providing clarity on the consequences of violating Section 29(9). Notably, Terre Primitive’s use of the mark ‘Amuleti’, which bore a striking phonetic and visual resemblance to ‘Amul’, constituted a clear infringement of Section 29(9). The Defendant was held liable for passing off. By upholding Amul’s trademark rights, the court has emphasized the importance of protecting iconic brands from deceptively similar marks and emphasizing the need for businesses to respect trademark laws. This judgment will serve as a crucial precedent in future cases involving similar infringement claims.
CONCLUSION
Verdict in ‘Gujarat Co-Operative Milk Marketing Federation Ltd & Anr. V. Terre Primitive & Ors.’ trademark infringement case has established a landmark precedent for brand protection in India. By affirming Amul’s trademark rights, the court has underscored the crucial need to shield renowned brands from misleadingly similar marks. This judgment serves as a potent warning against trademark violation, highlighting the imperative for businesses to adhere to trademark regulations and preserve brand integrity.
