From underwear to auto component maker, Amul's many trademark battles

GCMMF has moved court against 5 registries for allowing other firms to use the name Amul, an acronym for Anand Milk Union Ltd, and the brand name for all products marketed by it

What’s common among global brands like Coca-Cola, Kodak, Wimbledon, Yahoo! and Indian ones like Amul, Bata, Bajaj, Bisleri, Nirma and Infosys? They are all recognised as 'well-known' brands and enjoy some protection by law globally.
 
When the popular Indian dairy brand joined the league of such names last year, it meant an entry into the special category of brands with protection in the home country, as well as abroad. That basically implied no other product anywhere in the world could be named Amul.
 
Amul’s journey from a cooperative movement that began in 1946 to becoming a 'well known' global brand has not only been amazing but also full of trademark battles. In the latest development, it has moved the Gujarat High Court against registries in five cities – Delhi, Mumbai, Kolkata, Chennai and Ahmedabad – which have allowed to other companies trademarks for Amul or other similar-sounding names.

 
When Verghese Kurien, also known as the father of White Revolution in India, connected millions of marginal dairy farmers through centralised marketing and quality-control facilities, he felt the need for a 'brand' to create a sense of ownership, and in turn a responsibility for the product's quality. Another benefit of a branding was that farmers got a quasi commercial strength to take on competitors, despite this being a rural movement. 
 
‘Amul’ is an acronym for Anand Milk Union Ltd. From being a milk and butter brand initially, Amul went on to become an umbrella for all products that Gujarat Co-operative Milk Marketing Federation Ltd (GCMMF) marketed. Kaira District Co-operative Milk Producers’ Union, the first dairy that had created Amul in 1955, had handed over the brand name to GCMMF in 1973.

Asked about the latest court case, R S Sodhi, the managing director of GCMMF, told Business Standard: "This is a case of trademark infringement. A trademark office in any region cannot allow a company to copy a well-known and well-recognised brand name for launching products in another category. Amul is a well-known brand and several companies, from tractor manufacturers to undergarment makers, have been using it for their products. This is a quick way to gain a brand recall." 

"We have been fighting such cases for long. Now, a case has been filed in the Gujarat High Court against the registries in Delhi, Mumbai, Kolkata, Chennai and Ahmedabad that have allowed the registration of Amul or other similar-sounding names as their trademarks," Sodhi added.
 
Talking of the legal tussles that Amul has faced during its journey so far, there have been many, including trademark ones. Here is a snapshot:
 
March 2013: Amul won a trademark dispute with a co-operative union of milk producers in West Bengal that was trying to market a brand of milk called 'Imul'.
 
The Intellectual Property Appellate Board (IPAB) set aside an order of the Registrar of Trademark, Kolkata, which had registered the trademark Imul, holding that it was deceptively similar to Amul.
 
January 2012: Amul locked horns with Nestle over the ownership of 'A Plus' brand. The brand was acquired by Nestle from a Delhi-based company for a consideration of Re 1. Amul said it was selling fortified cheese under the brand Amul A+. Nestle's brand was called a+.
 
January 2013: The IPAB directed the Registrar of Trademarks to cancel Amul's registration of TRIX trademark on which a US firm had claimed its right.
 
Here are some companies that have been using the Amul brand at present:
 
Auto components: The Amul group of companies that is based out of Rajkot makes auto components. Founded in 1988, the company makes connecting rods, crank shafts, cylinder blocks, cylinder heads and camshafts. It is a vendor to several leading original equipment manufacturers (OEMs).
 
Innerwear: Kolkata-based JG Hosiery makes innerwear that it has branded Amul.

A list of trademark Cases filed by GCMMF/Kaira Milk Union against various parties:
 
1. Trademark Civil Suit against Silver Bakery: The Rajkot firm was manufacturing bakery items under the name Amul. A court in Anand granted stay and final order was passed in favour of GCMMF.
 
2. Trademark Civil Suit against private Parties (Amul Chasma Ghar): A court in Anand granted a favourable order for GCMMF.
 
3. Trademark civil suit against Amul Mineral Water: The suit against the Anand company for infringement of the Amul trademark is going on in the Baroda Commercial court.
 
4. Trademark Civil suit against private Dairies, M/s Shakti Dairy, M/s. Jarf dairy: The case for infringement of the Amul trademark for milk pouches with similar design and colour scheme saw the court granting a stay against the private parties.
 
5. Trademark civil suit against M/s Satyam Dairy: In the case against the Ahmedabad firm for infringement of the Amul trademark for milk pouches with a similar design and colour scheme, the court granted a stay against Satyam Dairy.
6. Trademark suit against M/s Amul Boards Pvt Ltd: The case against this Gandhidham company producing plywood under the brand name Amulya is pending in court.
 
7. Trademark Civil Suit against M/s Raj Agro Industries: The case against the Hyderabad company for infringement of the "Amulya" trademark for bakery products is pending in court.
 
8. Trademark civil suit against M/s Amul Industries: The case against the Ahmedabad company using the Amul trademark for its fan and electric products is pending in an Anand court.
 
9. Trademark civil suit against M/s Vimal Dairy: The case against this Mehsana firm for copying many products designs and colour scheme of the GCMMF Amul brand is pending before the commercial court in Ahmedabad.
 
10. Trademark civil suit against M/s Amul Tek Software Solution Pvt Ltd: This Ahmedabad-based sister concern of M/s Amul Industries of Rajkot was using the trademark of the GCMMF brand as its company name. After arguments, the company has renamed itself as A Tek.