Delhi High Court - Orders
Gujarat Cooperative Milk Marketing ... vs Amul Engineering Company & Ors on 23 February, 2026
Author: Tushar Rao Gedela
Bench: Tushar Rao Gedela
$~36
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 170/2026, & I.A. 4689/2026
GUJARAT COOPERATIVE MILK MARKETING FEDERATION
LIMITED & ANR. .....Plaintiffs
Through: Mr. Abhishek Singh, Mr. J. Amal
Anand, Mr. Elvin Joshy, Ms. Shivani
Kalra, Mr. Nasir Mohammad, Mr. K.V.
Vibu Prasad and Mr. Akshat Mishra,
Advocates.
versus
AMUL ENGINEERING COMPANY & ORS. .....Defendants
Through: Mr. Kunal Goyal, Advocate.
Mr. Aditya Gupta, Advocate for D-5.
Mr. Manas Raghuvanshi, Advocate for
D-6.
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
ORDER
% 23.02.2026 I.A. 4687/2026 (Exemption from Pre Litigation Mediation)
1. This is an application filed by the plaintiff seeking exemption from instituting pre-litigation Mediation under Section 12A of the CC Act.
2. Since, Mr. Kunal Goyal, learned counsel for the defendant no.1 appears on advance notice apart from other defendants. The exemption sought has become infructuous.
3. The application stands disposed of as infructuous. CS(COMM) 170/2026
4. The plaintiff in the present suit seeks the following prayers:-
"i. Pass a decree of permanent injunction restraining Defendant No. I , their principal officers, family members, servants, agents, dealer, distributors, franchisees and anyone acting for and, on CS(COMM) 170/2026 Page 1 of 7 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/02/2026 at 20:33:00 their behalf, from selling, marketing, advertising, promoting, or in any other manner using or dealing with the Infringing marks , or any other mark identical or deceptively similar to the Plaintiffs' marks.
ii. Pass a decree of permanent injunction directing Defendant No.1, its principal officers, family members, servants, agents, dealer, distributors, franchisees and anyone acting for and, on their behalf, to remove the word 'AMUL' from the name of its entity and further, restrain Defendant No.1 from suing the word 'AMUL' in any other entity, in any permutation and combination, in any manner whatsoever.
iii. Pass a decree directing the Defendant No.1 to surrender to the Plaintiffs, for destruction, all goods, advertisement materials, packing materials, cartons, wrappers, labels, which bear the infringing Marks: "
or any other mark identical or deceptively similar to the Plaintiffs' marks.
iv. Pass a preliminary decree in favour of the Plaintiffs and against Defendant No.1 directing the Defendant No.1 to render a true and faithful account of profits earned by it on account of use of the well-known trademark of the Plaintiffs 'AMUL' and use of Infringing Marks or any mark which is identical/deceptively similar to the Plaintiffs' 'AMUL' trademarks and a final decree be passed in favour of the Plaintiffs for the amount of profits thus found to have been made by the Defendant No.1 after the Defendant No.1 has rendered its accounts.
CS(COMM) 170/2026 Page 2 of 7This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/02/2026 at 20:33:00 v. Pass a decree directing Defendant No.2 to transfer the domain name http://amulattamaker.com/ to the Plaintiffs or in the alternate block/ delete/ suspend the domain name http://amulattamaker.com/.
vi. Pass a decree of permanent and mandatory injunction against Defendant No.3 directing Defendant No.3 to permanently block/suspend/ delete Defendant No. 1's account available at URLs:https://www.facebook.com/people/Amul-Engineering-Co/ 100077297627893/.
vii. Pass a decree of permanent and mandatory injunction restraining the Defendant No. 3 from allowing Defendant No.1 or any other individual/entity from selling, marketing, distributing, offering for sale, advertising or in any manner dealing in Defendant No. I's products bearing the Infringing Marks:
or any other product bearing any trademark, word or logo which is identical or deceptively similar to the Plaintiffs trademarks.
viii. Pass a decree of permanent and mandatory injunction against Defendant No. 4 and directing Defendant No. 4 to permanently block/suspend/delete Defendant No. 1's account available at URL:
https://www.indiamart.com/amulengineeringco/, ix. Pass a decree of permanent and mandatory injunction restraining the Defendant No. 4 from allowing Defendant No.1 or any other individual/entity from selling, marketing, distributing, offering for sale, advertising or in any manner dealing in Defendant No.1's products bearing the Infringing Marks:
or any other product bearing any trademark, word or logo which is identical or deceptively similar to the Plaintiffs trademarks.
x. Pass a decree of permanent and mandatory injunction against Defendant No.5 and directing Defendant No.5 to permanently CS(COMM) 170/2026 Page 3 of 7 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/02/2026 at 20:33:00 block/suspend/delete Defendant No. 1's account available at URL: https://www.youtube.com/(@amulattamaster365.
xi. Pass a decree of permanent and mandatory injunction against Defendant No.5 and directing Defendant No.5 to permanently block/suspend/delete Defendant No.1's Email ID being '[email protected]'.
xii. Pass a decree of permanent and mandatory injunction restraining the Defendant No.5 from allowing Defendant No.1 or any other individual/entity from selling, marketing, distributing, offering for sale, advertising or in any manner dealing in Defendant No. 1's products bearing the Infringing Marks:
or any other product bearing any trademark, word or logo which is identical or deceptively similar to the Plaintiffs trademarks.
xiii. Pass a decree of permanent and mandatory injunction against Defendant No.6 and directing Defendant No.6 to permanently block/suspend/delete Defendant No. 1's account available at URL:
https://www.amazon.in/Amul-Engineering-Company-Attachakki
-Accessories-Pink/dp/B0928DXKZB xiv. Pass a decree of permanent and mandatory injunction restraining the Defendant No.6 from allowing Defendant No.1 or any other individual/entity from selling, marketing, distributing, offering for sale, advertising or in any manner dealing in Defendant No. 1's products bearing the Infringing Marks:
or any other product bearing any trademark, word or logo which is identical or deceptively similar to the Plaintiffs trademarks.
xv. Pass a decree awarding damages to the tune of INR 2,01,00,000/- against Defendant No.1 for passing off and infringement of the trademark of the Plaintiffs CS(COMM) 170/2026 Page 4 of 7 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/02/2026 at 20:33:00 xvi. Any other relief that this Court may deem fit and proper while looking into the facts and circumstances of the case"
5. In view of the above, let the plaint be registered as a suit.
6. Upon filing of the process fee, issue summons of the suit to the defendant through all permissible modes.
7. The summons shall state that the Written Statement shall be filed by the defendant within 30 days from the date of the receipt of summons. Alongwith the Written Statement, the defendant shall also file Affidavit of Admission/Denial of the documents of the plaintiff, without which the Written Statement shall not be taken on record.
8. Liberty is granted to the plaintiff to file Replication, if any, within 30 days from the receipt of the Written Statement. Along with the Replication filed by the plaintiff, an Affidavit of Admission/Denial of the documents of defendant be filed by the plaintiff, without which the Replication shall not be taken on record.
9. In case any party is placing reliance on a document, which is not in their power and possession, its details and source shall be mentioned in the list of reliance, which shall also be filed with the pleadings.
10. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the prescribed timelines.
11. List before the Joint Registrar (Judicial) on 30.04.2026 for completion of service and pleadings.
12. List before the Court on 27.02.2026.
I.A. 4688/2026 (Stay)
13. Present application has been filed on behalf of the plaintiff under Order XXXIX Rules 1 & 2 of CPC, 1908 seeking ex-parte ad-interim injunction against the defendant.
14. Mr. Abhishek Singh, learned counsel appearing for the plaintiffs draws CS(COMM) 170/2026 Page 5 of 7 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/02/2026 at 20:33:00 attention of this Court to page 329 onwards of the documents accompanying the Suit to submit that apparently the device mark contained in the page 329 and other following pages appear to be violative of Section 107 of the Trade Marks Act, 1999.
15. This Court has also perused the documents referred by Mr. Singh, learned counsel for plaintiffs, especially page no. 329 onwards and it appears, prima facie, there is a violation of Section 107 in respect of device mark 'Amul' shown with the registered ® mark which is extracted hereunder:-
CS(COMM) 170/2026 Page 6 of 7This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/02/2026 at 20:33:00
16. Issue notice.
17. Notice is accepted by Mr. Kunal Goyal, appearing for the defendant no.1 who submits that he would take appropriate instructions in that regard.
18. List on 27.02.2026 for consideration of application and for Mr. Goyal learned counsel for defendant no.1 to complete his instructions.
19. Matter be placed "High on Board".
TUSHAR RAO GEDELA, J FEBRUARY 23, 2026 Sumit CS(COMM) 170/2026 Page 7 of 7 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/02/2026 at 20:33:00