A Trademark War Between Amul and Amool? Yes, and Here’s What It Means for You

Ineurous IP
Jul 10
5 min read

When you hear the name “Amul,” what immediately comes to mind?

For most Indians, it's a name synonymous with quality dairy products — milk, butter, cheese, and an emotional connection built over decades. “Amul – The Taste of India” is more than a slogan. It’s a nationally recognized brand identity, worth hundreds of crores in commercial and cultural value.

Now imagine a new brand appears in the market with the name “Amool,” “Amul Cool,” or similar derivatives, selling comparable dairy products.

Not surprisingly, Amul’s legal team stepped in — launching a trademark infringement suit to protect its brand identity and consumer trust. But this isn’t just a story about a dairy giant defending its turf. It’s a wake-up call to every startup, entrepreneur, and business owner who thinks they can delay or ignore protecting their brand.

Let’s break down this case and explore its deep implications for trademark law, brand strategy, and IP enforcement in India today.

A colorful display of Amul's diverse product range, featuring dairy staples like butter and cheese alongside sweets, beverages, and nutritional options, showcasing the brand's wide appeal and quality.

⚖️ The Case: Amul vs. Lookalike Brands

The Gujarat Cooperative Milk Marketing Federation (GCMMF), owner of the AMUL brand, filed legal proceedings against businesses and vendors who were selling dairy products under deceptively similar names, including:

“Amool”
“Amul Cool”
“Amull”
“Amoolya Milk”

These names, while not identical, are phonetically and visually similar to AMUL. Many even used similar fonts, packaging styles, and color schemes — clearly attempting to ride on the brand recognition Amul has built over decades.

Why is this a legal issue?

Under the Trade Marks Act, 1999, trademark infringement occurs when:

A mark is deceptively similar to a registered trademark, and
It is used for identical or similar goods/services, causing confusion or association in the minds of the public.

And in Amul’s case, all boxes are ticked:✅ Similar names✅ Competing in the same industry (dairy)✅ Likely to cause consumer confusion

This is not just mimicry — it’s a potential legal and commercial threat.

🧠 Understanding the Legal Grounds

Let’s unpack the legal pillars that Amul’s case stands on — and why they matter to all businesses.

1. Trademark Infringement (Section 29 of the Trade Marks Act)

The heart of the case is Section 29, which defines infringement as unauthorized use of a mark that is identical or deceptively similar to a registered trademark.

“Amool” and “Amul Cool” are phonetically indistinguishable when spoken aloud.
Their visual structure also closely resembles the original.
The target market (dairy consumers) is exactly the same.

In IP law, confusion = infringement, even if the mark is not a word-for-word copy.

2. Passing Off

Even if the infringing party didn’t register a mark, if they misrepresent their product as being connected to a reputed brand, courts can take action under the common law tort of “passing off.”

Passing off protects brand goodwill — and Amul has built enormous goodwill in India and abroad.

📉 The Business Risk of Copycat Branding

Many small businesses think:

“If I change one letter or add a word, I’ll be safe.”

Wrong.

Trademark law doesn't just protect how a brand looks — it protects how it sounds, feels, and is perceived by the average consumer.

If your brand causes confusion or association — even unintentionally — you’re in legal danger.

Let’s consider an example:

You launch a new biscuit brand called “Britin” in red and blue packaging.
Britannia, a 100-year-old brand, sues for infringement.

Even if you didn’t copy the logo, you’re benefiting from their goodwill. Courts have sided with major brands repeatedly in such cases, issuing injunctions and damages.

💡 What This Means for Entrepreneurs and Startups

Here’s what the Amul case teaches us — loud and clear:

✅ 1. Trademark Registration Is Not Optional

Your brand name is your business’s identity. Without formal registration, you don’t own it — and someone else can claim or mimic it tomorrow.

Build exclusive rights
Prevent lookalikes
Secure IP for investor pitches and valuation

✅ 2. Sound-Alike ≠ Safe

Changing a letter or adding a word doesn’t guarantee legal safety. “Amool” is too close to “Amul.” “MCDonald’s” and “McDawells” may look different, but they trigger similar perception.

Courts focus on consumer confusion, not spelling differences.

✅ 3. Enforcement Is a Legal Duty

If you own a trademark but don’t enforce it, you risk weakening it. Brands that allow copycats to operate without action may lose distinctiveness over time.

Amul’s action reinforces the idea that vigilant enforcement preserves brand equity.

✅ 4. Due Diligence Before Launching Is Crucial

Before launching a product, app, or brand, run a trademark clearance search. It’s a small cost compared to the legal and financial risk of rebranding after litigation.

🛡️ How Can You Protect Your Brand?

Whether you're a startup, SME, or growing D2C business, here’s a step-by-step approach to securing your IP the right way:

🧾 Step 1: Trademark Search

Before choosing a name, get a professional trademark availability search done. This will help you avoid conflicts and lawsuits later.

📝 Step 2: File for Trademark Registration

File your application with the Controller General of Patents, Designs & Trade Marks (India). Apply under the right class (e.g., dairy = Class 29).

🚫 Step 3: Monitor the Market

Set up alerts and watch notices for similar marks filed later. This allows you to oppose and prevent others from registering lookalike brands.

⚖️ Step 4: Take Legal Action If Needed

Send cease & desist notices to infringers. File opposition or initiate legal proceedings in cases of misuse.

🧩 What Happens If You Don’t Act?

Failure to protect or register your trademark can lead to:

Loss of market trust (if consumers associate you with poor-quality imitations)
Revenue loss to competitors who benefit from your marketing
Legal expenses from lawsuits or opposition proceedings
Forced rebranding, which can break customer continuity
Loss of investor confidence, as unprotected IP is a red flag

🧠 Strategic Takeaways for Business Owners

Treat your brand name like a legal asset. It's just as valuable as your product or service.
Be unique, not clever. Don’t pick names that “almost” sound like existing successful brands.
Document your brand development process. This helps prove intent and originality.
Register multiple elements: your brand name, logo, tagline, and even packaging design.
Partner with an IP law firm. Don’t rely on free online advice when building long-term assets.
A shopper navigates a wall of similar skincare products, phone in hand, as she tries to decide which item to choose amidst the overwhelming selection.