In the case between Kaira District Cooperative Milk Producers Union Ltd. (“Kaira”) and Bio Logic and Psychotropics India Private Ltd. (“Bio Logic”), the Delhi High Court granted a permanent injunction in favor of Kaira.
Kaira, the owner of the well-known trademark “AMUL,” initiated the suit after discovering that Bio Logic was selling pharmaceutical products under the “AMUL” name. Kaira sought to restrain Bio Logic from infringing its trademark, withdraw Bio Logic’s trademark application, destroy infringing goods, and secure damages.
Kaira, a cooperative society, has been marketing its products under the “AMUL” trademark for decades. The brand is widely recognized as a symbol of quality and prosperity and is registered as a well-known trademark in India. The case was filed when Bio Logic was found to be marketing pharmaceutical tablets under the “AMUL” name on e-commerce platforms, including IndiaMART and other websites. Despite receiving a cease-and-desist notice from Kaira in July 2022, Bio Logic not only continued using the “AMUL” mark but also filed a trademark application for its use in Class 5, claiming that the mark had been in use since 2013.
In response, the court issued an interim injunction in December 2022, restraining Bio Logic from using the “AMUL” trademark. The court also appointed a Local Commissioner to inspect Bio Logic’s manufacturing premises in Himachal Pradesh. During the inspection, large quantities of pharmaceutical products branded with “AMUL” were found, along with records showing production of the infringing goods from as early as 2016. The Commissioner’s report included invoices and other documentation that further confirmed Bio Logic’s use of the “AMUL” mark for pharmaceutical products.
Bio Logic did not submit a written statement in defense and later agreed to discontinue the use of the “AMUL” name. It claimed to have ceased business operations and withdrew its trademark application. However, Kaira insisted on damages, pointing to Bio Logic’s deliberate and dishonest use of the trademark to exploit the brand’s reputation and goodwill.
The court, after examining the evidence, determined that Bio Logic’s adoption of the “AMUL” mark was not bona fide. It found that Bio Logic had intentionally capitalized on Kaira’s established goodwill, misleading consumers into associating its pharmaceutical products with Kaira’s famous dairy brand. The court ruled that Bio Logic’s use of “AMUL” was likely to cause confusion among consumers and dilute the distinctive character of Kaira’s trademark.
The court therefore issued a decree of permanent injunction, prohibiting Bio Logic from using the “AMUL” name or any similar mark on its products. It also ordered the destruction of all infringing goods in the presence of a representative from Kaira. Additionally, the court awarded Kaira Rs. 4,00,000 in costs and Rs. 1,00,000 in damages. The total amount of Rs. 5,00,000 is to be paid by Bio Logic within six months, with a 9% per annum interest rate applicable in case of non-payment.
Citation: Kaira District Cooperative Milk Producers Union Ltd v. Bio Logic and Psychotropics India Pvt Ltd, CS(COMM) 858/2022 (H.C. Delhi Sept. 10, 2024). Available at: http://indiankanoon.org/doc/74157932/, Visited on: 26/09/2024.
