The Delhi High Court has granted interim relief to Gujarat Co-operative Milk Marketing Federation Ltd. (Amul) in its trademark infringement case against the Italian company Terre Primitive.
The court restrained Terre Primitive from using the mark ‘Amuleti’ or any other mark similar to Amul’s iconic trademark.
Justice Mini Pushkarna, on September 9, 2024, found Amul had demonstrated a prima facie case for an ex parte interim injunction, noting that the plaintiffs would suffer irreparable harm if such relief was not granted.
Terre Primitive has been barred from using the ‘Amuleti’ mark in the market, on e-commerce platforms, and across social media.
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Court Directions:
- Take-down Orders: Terre Primitive is ordered to remove all listings of ‘Amuleti’ products from its website, Facebook, and Instagram.
- Product Surrender: Terre must surrender all goods and advertising materials bearing the Amuleti mark to Amul for destruction.
- No Usage of Similar Marks: Terre is prohibited from using any mark deceptively similar to Amul’s in India.
Amul’s Argument:
Amul argued that Terre Primitive, engaged in selling cookies and biscuits under the ‘Amuleti’ brand, was copying Amul’s name and design, which has been a well-known trademark since 1958.
The ‘Amuleti’ mark was structurally and visually similar to Amul’s, leading to consumer confusion.
Furthermore, Amul asserted that Terre’s use of this mark targeted Indian consumers via websites and social media, amounting to a clear case of trademark infringement and passing-off.
Justice Pushkarna, agreeing with these submissions, observed that the balance of convenience and irreparable damage lay in favor of Amul, thus necessitating the injunction.
Next Hearing:
The case will be heard next on January 7, 2025.
- Party Names: Gujarat Co-operative Milk Marketing Federation Ltd. & Anr. v. Terre Primitive & Ors.
- Bench Details: Justice Mini Pushkarna