Canadian Federal Court awards $15,000 damages to Amul in Trademark infringement case

LE Staff

New Delhi, July 12, 2021: The Federal Court at Ontario, Canada has permanently barred a company — Amul Canada — from infringing the trademark and copyright of Kaira District Co-operative Milk Producers’ Union Limited and Gujarat Co-operative Milk Marketing Federation Ltd., who are the owners of the trademark “AMUL”. 

Justice Alan S Diner held that the defendant, a company by the name Amul Canada, infringed the exclusive trademark and copyright of the brand name “AMUL” owned by Indian companies and awarded damages of $15,000 in favour of Amul. 

The Federal Court thus passed the award by clearly reiterating that the Defendants have directed public attention to their business in such a way as to cause or be likely to cause confusion in Canada, at the time they commenced so to direct public attention to them, between their business and the goods and business of the Plaintiffs, contrary to section 7(b) of the Trademarks Act.

“The Defendants have infringed the exclusive trademark rights of the Plaintiffs, contrary to sections 19 and 20(1)(a) of the Trademarks Act, and also infringed the copyright of the Plaintiffs, contrary to section 27 of the Copyright Act,” found the Court.

Thus, the Defendants, as well as all others over whom any of the Defendants exercise control, are hereby permanently enjoined from infringing the trademark and copyright of the Plaintiffs, and directing public attention to the Defendants’ goods, or business in such a way as to cause or be likely to cause confusion in Canada, between their goods and business and the goods and business of the Plaintiffs, by adopting, using, or promoting AMUL, as or as part of any trademark, trade name, trading style, corporate name, business name, and domain name or the use of any trademark or copyright of the Plaintiffs, the Court held.

Considering the material to support the breaches alleged, the Court deduced that the defendants’ conduct exceeded the usual case of confusion caused by slight altercations of the mark, similar description of copyrights material or modification of a design.

The Court ordered the defendants to transfer to the plaintiffs within 30 days of judgment ownership and all rights access, administration and control for and over the LinkedIn pages, domain names and other social media pages controlled by the defendants displaying the plaintiff’s trademark or copyright.