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.