Gujarat High Court gives relief to KDCMMF in Amul Brand Name use case
Ahmedabad: The Gujarat High Court has issued an order that a registered trade name user has the right to disallow others from using its trade for different goods category.
Justice D N Patel announced the decision following a case of Kaira District Co-operative Milk Marketing Federation (KDCMMF) in connection of trademark violation by two local merchants who used their brand name Amul Chasmaghar and Amul Cut Pieces stores.
The KDCMMF had registered the infringement case against the shops in the Anand District Court.
A KDCMMF release said the court ruled that it was an apparent violation case and restrained the two from practicing the Amul trade name
Shopowner Kamlesh Patel took exception to the decision stating that he was using the trade name not for the milk or milk products but for camera lens and cloth business.
Carrying on the lower court’s verdict, the HC stated that it saw no reason to entertain the plea as the order was right and in consonance with the facts of the case plus in line with the provisions of the Trademarks Act, 1999.
The HC directed that the shopkeeper should stop making use of the trademark Amul within four months periods from the date of the order, and transform the shops' name if they desire to continue their business.