The desi manufacturer of milk products, Amul has sued
international brand Nestle for trademark violation of its brand ‘A+’.
Amul was founded in 1946, and has emerged as the world’s largest diary
producer over the years. Amul’s products are extremely popular and much
sought after. Recently, Nestle India has launched its new dairy brand
‘a+’ in the market. Gujarat Cooperative Milk Marketing Federation
(GMMFC) that markets the Amul brand has sent a legal notice against
Nestle India alleging that it has infringed Amul’s trademark by passing
off its similar product (Nestle A+ Milk and dahi) as those of Amul’s.
Amul claims that it is the prior user of the mark A+, and has been
manufacturing the said brand since one year.
Amul
claims damages to the tune of 10 crores from Nestle for attempting to
unjustly enrich from the goodwill that it has earned over the years. The
notice also demands that Nestle should refrain from using the mark a+
as a part of its trademark label and also give an undertaking to the
effect that henceforth it shall not manufacture, sell or advertise
products using the mark a+. Amul strongly believes that consumers are
likely to get confused between the two products as they are deceptively
similar. The legal notice has been addressed to the Chairman of Nestle
India stating that multinational giant is liable under the Trademark
Act, 1999 and other relevant laws for infringement. The notice
categorically states, “being the original and prior adopter and prior
user of trade marks like A+', GCMMF and Kaira are the sole lawful
proprietors of the said trade mark labels and have statutory exclusive
rights of the same”.
Amul, being the largest
milk producer has a substantial market share over diary products, and
is definitely the most preferred brand by the consumers. That being the
case, chances are likely that the utterly butterly girl tastes success
over its competitor.
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