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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