Amul challenged on use of American dry fruits logo
MH Foods filed a petition in the Bombay HC challenging Amul brand's move to use American Dry Fruits trademark.
By Kala Vijayraghavan, TNN |
MUMBAI: Dairy products heavyweight Amul has been battling with trademark issues recently in its ice-cream business. The co-operative had to discontinue using the name 'American dry fruits' for a range of its ice-creams after being hauled to the courts by MH Foods, owners of the American Dry Fruits trademark.
MH Foods filed a petition in the Bombay High Court recently challenging Gujarat Co-operative Milk Marketing Federation, manufacturer of the Amul brand’s move to use the trademark.
“Initially, we sent Amul a notice restricting them from using the trade mark which was dismissed by their lawyers who said it is a generic name. We can understand dry fruits as a generic name but not American Dry Fruits which is such an old well-known brand. We had no choice but to legally challenge them,” MH Foods director Manoj Thakker said.
“We do not feel the need to use any add-ons for a brand as big as Amul. In any case, using the brand name American Dry Fruits wasn’t giving us any real advantage,” Amul chief general manager RS Sodhi said.
Meanwhile, Cadila Healthcare which owns the trade mark ‘Sugar Free’ had also filed a case against Amul for branding a range of its pro-biotic ice creams as Amul Sugarfree.
Cadila also sought a compensation of Rs 25 lakh from Amul for damaging its reputation.
Sources said the company had also initially thought of claiming compensation from Amul for violating the trademark but dropped the case after Amul’s lawyers got in touch with MH Foods agreeing to discontinue using the name.
The company claimed it has exclusive intellectual property rights to the phrase ‘sugar-free’ since it has been manufacturing the aspartame-based artificial sweeteners brand, ‘Sugar Free’ since 1988.
However, the High Court ruled in favour of Amul stating that the descriptive words ‘Sugar Free’ cannot be used as a trade mark or owned by any one. The ruling stated that Cadila Healthcare cannot be allowed to monopolise the expression ‘Sugar Free’ which is inherently descriptive in nature and is a commonly used word in relation to foods and beverages.
Amul has been aggressively trying to grow its ice-cream portfolio in recent times, especially, on the health and wellness platform. The brand claims a 38% market share in the Rs 2,000-crore market of which organised players account for Rs 800 crore.
MH Foods filed a petition in the Bombay High Court recently challenging Gujarat Co-operative Milk Marketing Federation, manufacturer of the Amul brand’s move to use the trademark.
“Initially, we sent Amul a notice restricting them from using the trade mark which was dismissed by their lawyers who said it is a generic name. We can understand dry fruits as a generic name but not American Dry Fruits which is such an old well-known brand. We had no choice but to legally challenge them,” MH Foods director Manoj Thakker said.
“We do not feel the need to use any add-ons for a brand as big as Amul. In any case, using the brand name American Dry Fruits wasn’t giving us any real advantage,” Amul chief general manager RS Sodhi said.
Meanwhile, Cadila Healthcare which owns the trade mark ‘Sugar Free’ had also filed a case against Amul for branding a range of its pro-biotic ice creams as Amul Sugarfree.
Cadila also sought a compensation of Rs 25 lakh from Amul for damaging its reputation.
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Sources said the company had also initially thought of claiming compensation from Amul for violating the trademark but dropped the case after Amul’s lawyers got in touch with MH Foods agreeing to discontinue using the name.
The company claimed it has exclusive intellectual property rights to the phrase ‘sugar-free’ since it has been manufacturing the aspartame-based artificial sweeteners brand, ‘Sugar Free’ since 1988.
However, the High Court ruled in favour of Amul stating that the descriptive words ‘Sugar Free’ cannot be used as a trade mark or owned by any one. The ruling stated that Cadila Healthcare cannot be allowed to monopolise the expression ‘Sugar Free’ which is inherently descriptive in nature and is a commonly used word in relation to foods and beverages.
Amul has been aggressively trying to grow its ice-cream portfolio in recent times, especially, on the health and wellness platform. The brand claims a 38% market share in the Rs 2,000-crore market of which organised players account for Rs 800 crore.
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