Vadodara: Canada has recognized ‘taste of India’.
The Intellectual Property Appellate Board of Canada recently provides a trademark status to the homegrown milk giant Indian Amul.
The largest cooperative in the country will also be given damage to the Canadian Dollar Tone (CAD) 32,733 after winning a trademark violation case submitted in the Canadian Federal Court.
This is the first case filed by Amul to any company on foreign land.
Cooperative Milk Manufacturer Kaaaa Union Limited (known as Amul Dairy) and the Federation of Cooperative Milk Marketing Gujarat (GCMMF) that the Amul brand market has transferred the Canadian Federal Court against Amul Canada and Mohit Rana, Akash Ghosh, Chandu Das and Patel (the first name did not know ).
In January 2020, Amul knew that the group blatantly copied the ‘Amul’ trademark and the ‘Amul-The Taste of India’ logo and created a false profile on the LinkedIn social media platform.
Amul Canada also has an icon to “see work” and “follow” on the LinkedIn page, while the four defendants are registered as Amul Canada employees.
Despite several attempts service services to the defendants, the defendants never responded.
Amul advice then brings ex-parte movements for default assessment.
They argue that Amul is never licensed or gives approval for Canadian Amul or one of four individuals to use their trademarks and copyrights in any way.
The Canadian Federal Court argues that Amul has clearly satisfied all elements to set “convey” tests – the existence of good intentions, public fraud because of representation errors, actual or potential damage to amul.
The federal court argues that the defendants have violated AMU’s copyright and published permanently detained them from violating the trademark and copyright of ‘Amul’ and ‘Amul-the Taste of India’.
GCMMF has exported milk products to the US for the past 22 years.
It has begun to export Amul KOOL (milk flavor), ice cream and milk snacks to Canada for the past two years.
Amul is the biggest eighth milk processor globally handles 10.3 million metric tons of milk every year with a turnover of more than Rs 40,000 Crore (CAD 9 billion).
Dairy’s giant advisor in India for this case is Suhrita Majumdar, an intellectual property lawyer from S Majumdar & Co., New Delhi.
In Canada, it was represented by Michael Adams, an intellectual property lawyer from Riches McKenzie & Herbert LLP.