Delhi HC Grants Interim Injunction to AMUL Against AMULETI

Delhi HC Grants Interim Injunction to AMUL Against AMULETI. In a significant legal victory for India's dairy giant Amul, the Delhi High Court has ruled in its favor in a trademark infringement suit against Italian confectionery brand Terre Primitive. The dispute arose over the use of the mark "Amuleti" by the Italian firm to promote cookies and chocolate-coated biscuits—a name that, according to the court, bears deceptive similarity to "Amul", one of India's most iconic and well-established trademarks.
Legal Framework: Trademark Infringement Under the Trade Marks Act, 1999
The judgment relied on key provisions of the Trade Marks Act, 1999, particularly focusing on:
Section 29: Infringement of Registered Trademark
This section prohibits the unauthorized use of a mark that is identical or deceptively similar to a registered trademark. The court found that "Amuleti" closely resembled "Amul" in pronunciation and visual appeal, and therefore, posed a likelihood of consumer confusion. The similarity was considered sufficient to dilute Amul’s brand value and mislead consumers.
Section 34: Rights of Proprietors of Well-Known Trademarks
Amul, represented by the Gujarat Cooperative Milk Marketing Federation (GCMMF), successfully argued that it enjoys well-known trademark status in India and abroad. The court acknowledged Amul's extensive brand recognition and held that its trademark deserved enhanced protection against misuse, especially by international businesses attempting to capitalize on its goodwill.
Section 135: Legal Remedies for Infringement
Under this provision, the court granted a permanent injunction restraining Terre Primitive from using the “Amuleti” mark in any manner. Furthermore, it directed Meta Inc., the parent company of Facebook and Instagram, to block or remove all social media accounts and promotional content related to the infringing brand, ensuring full enforcement of Amul’s trademark rights.
Why This Verdict Matters
This ruling is a major step forward in the protection of Indian intellectual property against foreign encroachment. It reinforces the notion that global entities must exercise caution and conduct proper trademark due diligence before marketing their products in India.
The GCMMF welcomed the decision, calling it a milestone judgment that reinforces the rights of indigenous brands to defend their identity in both domestic and international markets. The court's recognition of Amul's well-known status strengthens the broader legal framework for protecting Indian brands with longstanding market presence and reputation.
Key Takeaway for Businesses
The case of Amul vs Amuleti offers a powerful lesson for startups, exporters, and global corporations alike—trademark clearance is not optional. Entering a new market without ensuring there’s no brand overlap can not only damage reputation but also lead to costly litigation and penalties.
Moreover, the judgment is a wake-up call for foreign companies looking to establish a presence in India. Respecting the IP rights of Indian entities is non-negotiable under the country’s trademark laws, especially when dealing with well-known marks that carry immense brand equity.
Conclusion
This case reinforces the significance of the Trade Marks Act, 1999, in upholding the sanctity of registered and well-known trademarks. The Delhi High Court's decision is not just a win for Amul but also a symbolic victory for Indian brands fighting to retain their identity in an increasingly globalized marketplace.
For businesses looking to expand internationally, the verdict sends a clear message—brand imitation, even unintentional, can result in legal action.

In a significant legal victory for India's dairy giant Amul, the Delhi High Court has ruled in its favor in a trademark infringement suit against Italian confectionery brand Terre Primitive. The dispute arose over the use of the mark "Amuleti" by the Italian firm to promote cookies and chocolate-coated biscuits—a name that, according to the court, bears deceptive similarity to "Amul", one of India's most iconic and well-established trademarks.

Legal Framework: Trademark Infringement Under the Trade Marks Act, 1999

The judgment relied on key provisions of the Trade Marks Act, 1999, particularly focusing on:

Section 29: Infringement of Registered Trademark

This section prohibits the unauthorized use of a mark that is identical or deceptively similar to a registered trademark. The court found that "Amuleti" closely resembled "Amul" in pronunciation and visual appeal, and therefore, posed a likelihood of consumer confusion. The similarity was considered sufficient to dilute Amul’s brand value and mislead consumers.

Section 34: Rights of Proprietors of Well-Known Trademarks

Amul, represented by the Gujarat Cooperative Milk Marketing Federation (GCMMF), successfully argued that it enjoys well-known trademark status in India and abroad. The court acknowledged Amul's extensive brand recognition and held that its trademark deserved enhanced protection against misuse, especially by international businesses attempting to capitalize on its goodwill.

Section 135: Legal Remedies for Infringement

Under this provision, the court granted a permanent injunction restraining Terre Primitive from using the “Amuleti” mark in any manner. Furthermore, it directed Meta Inc., the parent company of Facebook and Instagram, to block or remove all social media accounts and promotional content related to the infringing brand, ensuring full enforcement of Amul’s trademark rights.

Why This Verdict Matters

This ruling is a major step forward in the protection of Indian intellectual property against foreign encroachment. It reinforces the notion that global entities must exercise caution and conduct proper trademark due diligence before marketing their products in India.

The GCMMF welcomed the decision, calling it a milestone judgment that reinforces the rights of indigenous brands to defend their identity in both domestic and international markets. The court's recognition of Amul's well-known status strengthens the broader legal framework for protecting Indian brands with longstanding market presence and reputation.

Key Takeaway for Businesses

The case of Amul vs Amuleti offers a powerful lesson for startups, exporters, and global corporations alike—trademark clearance is not optional. Entering a new market without ensuring there’s no brand overlap can not only damage reputation but also lead to costly litigation and penalties.

Moreover, the judgment is a wake-up call for foreign companies looking to establish a presence in India. Respecting the IP rights of Indian entities is non-negotiable under the country’s trademark laws, especially when dealing with well-known marks that carry immense brand equity.

Conclusion

This case reinforces the significance of the Trade Marks Act, 1999, in upholding the sanctity of registered and well-known trademarks. The Delhi High Court's decision is not just a win for Amul but also a symbolic victory for Indian brands fighting to retain their identity in an increasingly globalized marketplace.

For businesses looking to expand internationally, the verdict sends a clear message—brand imitation, even unintentional, can result in legal action.