HC rules in favour of Indian Co in trademark copyright case

The Bombay High Court has dismissed the Netherlandbased liquor group's plea, seeking to restrain Tilaknagar Industries Ltd here, from using trademarks 'Mansion House' and 'Savoy Club' on products sold in India.

Tilaknagar Industries claims to be a major player in the sale of Indian made foreign liquor in India and manufactures 40 brands, including the 'Mansion House' brandy.

UTO Nederland BV and Distilleerderji en Likeurstokerji Herman Jansen BV had filed a suit alleging that Tilaknagar Industries, by printing labels on its products, has infringed their copyright in the original artistic works.

The plaintiffs claimed that they were the registered proprietors of the trademarks 'MANSION HOUSE','MH', 'MHB' and 'SAVOY CLUB' and contended that the defendant has, by using the trademarks, passed off their products, such as alcoholic beverages, spirits and liquors as those of the plaintiffs or as emanating from or being associated with the plaintiffs.

Comparing the labels of the products sold by plaintiffs as well as the defendants, Justice S FVajifdar held in his 90-page order on December 22 that there was no similarity between them.

The literature, shape of the label and the entire get-up of the labels are different. Prima-facie, the mere depiction of the official residence of the Lord Mayer of the city of London would not constitute an infringement of copyright.

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Amul and Nestle to fight for ‘A+’ mark

The desi manufacturer of milk products, Amul has sued international brand Nestle for trademark violation of its brand ‘A+’. Amul was founded in 1946, and has emerged as the world’s largest diary producer over the years. Amul’s products are extremely popular and much sought after. Recently, Nestle India has launched its new dairy brand ‘a+’ in the market. Gujarat Cooperative Milk Marketing Federation (GMMFC) that markets the Amul brand has sent a legal notice against Nestle India alleging that it has infringed Amul’s trademark by passing off its similar product (Nestle A+ Milk and dahi) as those of Amul’s. Amul claims that it is the prior user of the mark A+, and has been manufacturing the said brand since one year.

Amul claims damages to the tune of 10 crores from Nestle for attempting to unjustly enrich from the goodwill that it has earned over the years. The notice also demands that Nestle should refrain from using the mark a+ as a part of its trademark label and also give an undertaking to the effect that henceforth it shall not manufacture, sell or advertise products using the mark a+. Amul strongly believes that consumers are likely to get confused between the two products as they are deceptively similar. The legal notice has been addressed to the Chairman of Nestle India stating that multinational giant is liable under the Trademark Act, 1999 and other relevant laws for infringement. The notice categorically states, “being the original and prior adopter and prior user of trade marks like A+', GCMMF and Kaira are the sole lawful proprietors of the said trade mark labels and have statutory exclusive rights of the same”.

Amul, being the largest milk producer has a substantial market share over diary products, and is definitely the most preferred brand by the consumers. That being the case, chances are likely that the utterly butterly girl tastes success over its competitor. 

Link: http://www.sinapseblog.com/2011/12/amul-and-nestle-to-fight-for-mark.html

Bayer, India's Cipla settle trademark suit

Bayer AG's (BAYGn.DE) healthcare unit said it settled trademark infringement cases with Indian drugmaker Cipla (CIPL.NS) and Vanuatu-based website operator Archipelago Suppliers concerning the German drugmaker's pet products.

Bayer HealthCare LLC said Cipla's DA Double Advantage pet treatment violated the trademark rights of its flea preventative, Advantage. Bayer had sought to block future sales of the product in the United States.

Under the settlement, Cipla will surrender all profits it made from the sale of its DA Double Advantage, amounting in excess of $100,000, and discontinue all use of the trademark.
Bayer received an additional $100,000 as reimbursement for attorneys' fees, and Cipla agreed to recall any product remaining in the sales pipeline.

Cipla will also stop use of the trademark 'Advance' for a companion animal product and not make any product with the same formula as Bayer's Advantix, another patented flea preventative, during the remaining term of those patents.
Website operator Archipelago agreed to a consent decree, under which it is prohibited from selling DA Double Advantage and Advantix in the United States, Bayer Health Care said.
Cipla was not immediately available for comment.