Calcutta HC: Amul's Trademark needs Broad Protection even Against Non-Competing Goods, Services

Bench: Single-Judge Bench of Justice Krishna Rao 

The Calcutta High Court recently restrained a local candle distributing company from using the trademark ‘Amul Candles’, stating that Anand Milk Union Limited symbolized a movement among the rural population of the country towards prosperity, and it should have a wider scope of protection since it is associated with rural wealth.

The Single bench passed the order in a plea filed by Kaira District Cooperative Milk Producers Union Ltd, seeking an injunction against Maa Tara Trading Co after it came across their advertisements.

As per Amul, some local newspapers in the state of West Bengal published advertisements showing the defendant’s product as ‘Amul Candles’. The plaintiff objected and claimed that the trademark ‘Amul’ was registered in 1958.

 Amul argued that the brand is known across the globe and that any other entity except the plaintiffs cannot utilize the trademark. 

The defendants deliberately and fraudulently, adopted the trademark, including an identical and deceptively similar font style. It was done to take undue advantage of the tremendous reputation. It was further said that the defendants had infringed the statutory right of the Amul.

The Court noted that Amul had a ranking of 66 on the list of well-known trademarks and in view of the same, it ruled that usage of the Trademark would lead to loss of goodwill and revenue. 

The Court retrained the local candle distributor from using the trademark.