Madras High Court Dismisses Asian Beverage’s Amul Tru Trademark Challenge
The Commercial Division of the Madras High Court granted Amul Dairy’s application for summary judgment under Order XIII-A of the Code of Civil Procedure. The case was brought by Asian Beverage Private Limited, which markets fruit beverages under the registered “TRUE VALLEY” mark, against Kaira District Co-operative Milk Producers Union Limited, commonly known as Amul Dairy.
Asian Beverage had alleged that Amul’s “AMUL TRU” name and branding were deceptively similar to its mark in sound and appearance. It sought statutory injunctions covering Amul’s fruit juices and dairy-based beverages. Justice A.D. Maria Clete dismissed the action without sending the dispute to a full oral trial.
The court held that the lawsuit was not maintainable in its current form because Asian Beverage had not served the notice required by Section 167 of the Gujarat Co-operative Societies Act, 1961. The provision requires a party intending to sue a registered cooperative society over conduct connected with its business to give written notice to the Registrar of Co-operative Societies and wait two months before filing proceedings.
Asian Beverage argued that the provision should not apply because the proceedings had been filed in Chennai rather than in Gujarat. The court rejected that position. It found that Amul Dairy’s commercial manufacture of beverages was connected with the cooperative union’s business and that the location of the court did not remove the statutory condition attached to proceedings against the cooperative.
The judgment did not decide whether “AMUL TRU” infringed Asian Beverage’s “TRUE VALLEY” registration. In its defence, Amul Dairy argued that the registration covered a composite label and did not give Asian Beverage exclusive rights over the ordinary English word “TRUE”. Amul also maintained that the prominent use of the “AMUL” house mark distinguished the products and identified their cooperative origin.
“AMUL TRU” is used for a range of packaged beverages, including fruit juices, juice-and-milk blends and flavoured drinks. The products form part of Amul Dairy’s beverage business, alongside its established dairy lines. Kaira Union processes milk and beverage products distributed through the nationwide sales network coordinated by the Gujarat Cooperative Milk Marketing Federation.
The case concerned a cooperative whose operations include manufacturing and distributing milk and beverages. The ruling followed the court’s application of the statutory notice requirement rather than a determination of the parties’ competing trademark claims. Asian Beverage’s suit was therefore disposed of on procedural grounds.
