Amul vs Amuleti: Brand Wars in the Courtroom
The Verdict in Amul vs Amuleti
The Delhi High Court recently ruled in favor of Amul in a significant trademark infringement case between India’s largest dairy brand against an Italian company, Terre Primitive. The Italian firm had been marketing cookies and chocolate-coated biscuits under the brand name “Amuleti,” which seemed to closely resemble the Amul trademark, raising concerns of brand confusion among consumers.
The Gujarat Cooperative Milk Marketing Federation (GCMMF) which manages Amul filed the lawsuit accusing Terre Primitive of imitating their brand logo and overall design. According to the GCMMF’s counsel, Abhishek Singh, the Italian company had merely added “eti” to Amul’s well-known brand name, resulting in the creation of “Amuleti.” The close resemblance between the two brand names could potentially deceive consumers into thinking that the Italian products were associated with Amul being an extension of the brand, thereby diluting Amul’s brand identity.
The court under Justice Mini Pushkarna, issued a strong injunction against Terre Primitive. This injunction prohibits the Italian firm from using any marks that are identical or similar to Amul’s and ordered the removal of all infringing products from Terre Primitive’s website. Furthermore, Meta Inc., which owns major social media platforms, was instructed to block or delete the social media accounts promoting these infringing products.
Jayen Mehta, the managing director of GCMMF praised the court’s decision calling it a victory not just for Amul but also for the protection of indigenous brands from foreign infringement. This case is seen as a major step forward in safeguarding the rights of Indian companies against unauthorized use of their trademarks by foreign entities.
Amul The World's Strongest Food Brand For The Year 2024
Amul’s legal victory comes on the heels of another major achievement. In 2024, Amul was named the world’s strongest food brand in the Brand Finance Global Food & Drinks Report. With over 70 years of legacy, Amul earned an impressive Brand Strength Index (BSI) score of 91 out of 100, securing the prestigious AAA+ rating.
Amul’s brand value saw an 11% increase compared to the previous year, reaching a remarkable $3.3 billion. This success is a testament to the brand’s market dominance and strong consumer recognition. Amul holds a 75% share of India’s milk segment and an 85% share of the butter segment, making it a household name not just in India but across the globe.
This recognition underscores Amul’s ability to maintain its brand strength while continuing to grow in value. The dairy giant continues to set benchmarks in brand performance, serving as a model for other companies aiming to achieve global recognition.
Court Reinforces Amul’s Well-Known Trademark Protection
In another legal battle, Amul faced off against D N Bahri Trading, a company that had registered a similar mark for a fruit drink. Amul, officially known as the Kaira District Cooperative Milk Producers Union Ltd., argued that D N Bahri Trading’s use of a similar trademark was infringing on their well-established brand.
The Delhi High Court reaffirmed Amul’s status as a well-known trademark emphasizing its distinctiveness and protection across all product categories. Amul’s counsel, Advocate Vishal Nagpal, pointed out that “Amul” is not just a name but an acronym for “Anand Milk Union Ltd.,” a brand that has built significant goodwill and recognition since its inception in 1946.
D N Bahri Trading’s argument that “Amul” was derived from the Hindi word “Amulya” (meaning invaluable) and was therefore a generic term was rejected by the court. The court acknowledged that while the term may have generic roots, Amul had gained distinctiveness through its extensive and exclusive use of the trademark over the years. As a result, the court ruled in favor of Amul, ordering the rectification of the trademark register to protect Amul’s identity and prevent further misuse.
This ruling is a clear indication of the strength of well-known trademarks in India. It also emphasizes that even if a word has a generic origin, it can achieve distinctiveness through continuous use, becoming strongly associated with a specific brand.
Impact of the Delhi High Court Ruling on Trademark Law in India
The Delhi High Court’s recent rulings have far-reaching implications for trademark law in India. By upholding Amul’s rights in both the Terre Primitive and D N Bahri Trading cases, the court has sent a clear message to businesses: infringing on well-known trademarks will not be tolerated. These decisions underline the importance of conducting thorough research and due diligence before registering a trademark to avoid infringing on established brands.
For companies with well-known trademarks, these rulings reinforce the broad protections provided by the Indian legal system. The judgments serve as a deterrent for businesses attempting to exploit the reputation of established brands, as such actions could result in legal battles, significant financial loss, and reputational damage.
The courts have made it clear that brand identity is not limited to the specific products a company offers but can extend to other classes of goods and services. This means that even if a company is not directly competing with a well-known brand, using a similar name or design could still be considered trademark infringement.
Conclusion: The Vital Role of Trademark Registration in Brand Protection
This series of rulings highlights the essential role of trademark registration in protecting a brand’s identity and market position. Amul’s victory showcases how a registered trademark can offer strong legal protection against infringement, both locally and internationally. For businesses, securing a trademark ensures that their brand remains distinctive, protecting its value and reputation from dilution or misuse by others.
In a competitive global market, trademark registration is not just a legal formality but a vital step in preserving a company’s identity and long-term success. As this case demonstrates, protecting a brand through trademark registration not only strengthens a company’s market position but also builds trust and confidence with consumers, securing its place in the market for years to come.
