The Madras High Court has dismissed Asian Beverage Pvt Ltd’s trademark suit against Amul Dairy over its “AMUL TRU” beverage brand, citing failure to comply with mandatory notice requirements under the Gujarat Co-operative Societies Act, 1961.
The court did not decide whether “AMUL TRU” infringes Asian Beverage’s registered “TRUE VALLEY” trademark. It held that prior notice to the Registrar and a two-month waiting period were necessary before filing the suit against the Gujarat-based cooperative society.
Asian Beverage, which partners with Reliance Consumer Products Ltd, alleged that the rival marks could confuse consumers. Amul Dairy contested the claim, citing its own trademark registrations and the prominence of its brand name.
The court said fresh proceedings could be initiated after compliance with statutory requirements, subject to limitation and other legal objections.
