Battle for A+




Case Details Case Introduction 1 Case Introduction 2 Case Excerpts

Abstract

The tussle between Gujarat Cooperative Milk Marketing Federation Limited (GCMMF) and Nestlé India Limited (Nestlé) owing to the close resemblance of Trademarks stands as a classical testimony of the issues associated with Intellectual Property related disputes. On December 5, 2011 GCMMF, owner of the well-known trademark “Amul”, issued a legal notice to Nestlé for infringement and for passing- off its products with the trademark ‘a+’ which bore a close resemblance to ‘A+’, a trademark registered by GCMMF. Subsequently, GCMMF filed a petition before the Intellectual Property Appellate Board (IPAB) for rectification of trademark ‘a+’. Thereafter, Nestlé filed a suit against GCMMF in the Delhi High Court claiming ownership of trademark ‘a+’. . .

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Issues

The case is structured to achieve the following teaching objectives:

  • To analyze the legal validity of the trademark assignment agreement between Ajit Singh Om Prakash Limited and Nestlé India Limited..
  • To analyze the case in light of the essential elements of infringement and passing- off of trademarks.
  • Whether ‘Amul A+’ and ‘Nestlé a+’ deceptively similar or confusingly similar?.
Contents
INTRODUCTION
GUJARAT COOPERATIVE MILK MARKETING FEDERATION LIMITED (GCMMF)
NESTLÉ INDIA LIMITED
AMUL’S “A +” AND NESTLÉ’S “a+”
EXHIBITS

Keywords

Amul,GCMMF,A+,Nestlé,a+,Dahi,A PLUS,ASOPL,Assignment,Passing- off,Infringement,Trademark,IPAB,Status quo

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