The Federal Court of Canada permanently enjoined a company ‘Amul Canada’ from infringing the trademark and copyright of the Kaira District Co-operative Milk Producers’ Union Limited (popularly known as Amul) and Gujarat Cooperative Milk Marketing Federation Limited.
The decision held by the Canadian Court also directed the defendant (Amul Canada) to award damages aggregating CAD 32,733 to plaintiffs- Kaira District Co-operative Milk Producers’ Union Limited and Gujarat Cooperative Milk Marketing Federation Limited.
The court observed that defendants have infringed the copyright of the plaintiff’s contrary to section 27 of the Copyright Act and trademark rights of the plaintiffs, contrary to sections 19 and 20(1)(a) of the Trademarks Act.
The Federal Court also noted that Kaira District Co-operative Milk Producers’ Union Limited is the registered owner of Canadian Trademark Registration No. TMA877339, registered on May 7, 2014, for the trademark AMUL, which has been used in Canada since June 30, 2020, in association with the goods “milk products”.
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