New Delhi, January 02, 2018: Utterly Butterly Amul has decided to go on an offensive against five trademark registry offices of India, filing a case in the Gujarat High Court for allowing the makers of underwear, tractors and other products to use its name.
The case names registry offices in Delhi, Mumbai, Kolkata, Chennai, and Ahmedabad, accusing them of allowing others to use the trademarked name ‘Amul’, reported The Economic Times.
In 2007, the co-operative had won a similar case against two local shop owners. Then, the Gujarat High Court judgment has said that trademark user has the right to restrict others using their trademark for different class or goods. Despite that, the registries allowed others to register their product with Amul’s name.
The ‘Amul’ brand is trademarked by the Kaira District Co-Operative Milk Producers Union Ltd (KDCMPU), also known as the Amul dairy, since 1955. The Gujarat Cooperative Milk Marketing Federation Ltd (GCMMF) uses the name to promote and market its products according to moneycontrol.com.
GCMMF is an umbrella body under which 18 milk cooperatives, including KDCMPU, function. The case has been filed by both GCMMF and Amul Dairy.
Amul markets ice-cream, cheese, chocolates, health drinks, ghee, paneer, and milk among other dairy products.
“The applicants submit that they have written letters to the respondents (trademark office) requesting them not to accept advertisement applications by imitators,” the court document read. “However, despite such requests, the respondents continue to accept such advertisements.”
In FY 17, the GCMMF had reported a turnover of Rs. 27,085 crore, 18 percent above that in FY16.