Greeva Garg–
Amul is India’s largest food brand. It has won its first Trademark and Copyright Infringement Case in the Federal Court of Canada.
The Intellectual Property Appellate Board of Canada accorded the Trademark status of Amul, also known as Kaira District Co-operative Milk Producers’ Union Limited and Gujarat Co-operative Milk Marketing Federation Ltd. and has permanently barred company Amul Canada, from infringing trademark and copyright of the plaintiffs Amul India.
Pronouncing the Judgment in favour of the plaintiffs, Justice Diner in its Judgement ordered the defendants to transfer all the ownership access, administration and control to the plaintiffs within 30 days of the judgment.
“The defendants directed public attention to their business in such a way as to confuse Canada at the time they commenced between their business and the goods and business of the plaintiffs,” Justice Diner observed.
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The plaintiffs approached the Federal Court alleging Amul Canada for breaching their well-known trademark through Amul Canada’s LinkedIn website, advertising their product, using their brand image, name and corporate information.
“The defendants are not only using the exact marks and designs belonging to us, but they are claiming to be the plaintiffs, through copying the information available on the AMUL websites regarding the background and activities,” the plaintiffs state.
In deception to the Trademarks and Copyrights by Amul Canada, the Court dealt the case under Section 27 of the Copyright Act and sections 19 and 20(1)(a) of the Trademarks Act.
“They have acquired goodwill starting in India and then through the years around the world. The Plaintiffs allege that there is also goodwill in Canada, at least amongst Canadians of Indian origin,” the Court stated.
Along with the relief granted, Amul India will be awarded compensation of CAD 32,733 (₹19.59 lakhs) by the defendants.