"BRAND FUDGING" IS A PREDICAMENT FOR POPULAR BRANDS : FIGHTING IT OUT IS THE WAY

"BRAND FUDGING" IS A PREDICAMENT FOR POPULAR BRANDS : FIGHTING IT OUT IS THE WAY


"Brand Fudging" which in legal terminology called as "Trademark Infringement" is a regular problem and predicament, the Popular Brands face world wide, however, in India it has been prevalent from time to time frequently, and is quite painful for the popular brand owners.


The More Popular is the Brand, it becomes more prone to "Brand Fudging" in the market and there is no choice other than fighting it out legally and seek legal protection for the Brand from the fudging (infringement) efforts of others trying to take undue advantage out of the Brand Properties.

While a Popular Brand gets built over years and decades with lot of expenditure and a bundle of comprehensive marketing efforts with Quality and Service combined together, some others try to Fudge the Brand, with related, non-related or allied products to take a quick and extra-mile in business without such expenditure or marketing efforts.

"Amul" as a Brand, due to its immense popularity gets prone to "Brand Fudging" many a times, it has been observed over the decades from time to time.

It becomes a regular pain for the Organization(s) owning the Popular Brand but there is no other way other than fighting it out legally and seeking the legal protection of the Brand ( Trademark Protection under the law ). It is also an expensive affair, to fight it out, as it involves a lot of legal expenditure from time to time, India being a large geography and it happens at many places, however, it goes without saying, is a cost of protecting the Brand and ultimately have to be recovered from the Brand Revenue, that the ultimate consumers (customers ) have to pay.

I happened to read a number of publications today, regarding the Honourable Delhi High Court passing strict orders against the Brand Fudging efforts of a Cookware Manufacturer selling the Cookware as "Amul Cookware" and Giving some Good Protections in favour of the Popular Dairy Brand "Amul ".  There are many publications in the media, however the Live Law Article is most comprehensive as it contains the Original Order of Hon'ble Delhi High Court, hence very authentic. Giving its link below for anyone to read.


The significant directions in this interim order of Hon'ble Delhi High Court  in favour of "Amul " are:

1. The "Amul Cookware" manufacturer will stop manufacturing any product under the Brand name of "Amul".

2. All "Amul Cookware" products have to be delisted even from the Ecommerce Platforms and Online Sale Platforms.

3. All "Amul Cookware" packaging materials lying with its manufacturer have to be fully destroyed.

4. Even the Hon'ble High Court has made a very strong and path-breaking observation* that "Amul" brand deserves to be protected from unrelated products under Trademark Protection Act.
( *That Amul can capitalize long term if it comes in the Final Judgement ).

I think and in my opinion, as I observe from the reported order, due to a bit of loop hole from Amul side in the prayers in the plaint of the law suit, as they harped too much for "Amul" and left little bit aside emphasizing also on their other Brand "Amulya" the Hon'ble High Court has allowed the "Amul Cookware" manufacturer for use of the trade mark "Amulya" in an ad-interim arrangement though directing for the design and text style concurrence from Amul for the "Amulya' brand to be used by the Cookware manufacturer. I also agree, sometimes it makes also wise to harp on the "Main Target" and leave a bit on the "Line Extension" in the interim.
In my opinion, if "Amul" makes some more ferocious effort emphasizing and seeking protection of their other Brand "Amulya" also, though they have lost it in the interim-order, in the final judgement it may get total relief for both of these brands from the Hon'ble High Court.

Since I worked for a very long time for "Amul" (GCMMF ) it has remained a kind of "First Love" and when I find something good and interesting over it, I tend to apply my mind and highlight it. Hence I wrote this note. However, I believe it would be also interesting to many Readers who may be working in the Marketing Area or involved with Amul/GCMMF operations right now.
In fact, it always becomes a part of the job of "Market Intelligence" for those who work in the marketing area. 


About the Author : Dr. Nimain Charan Biswal is a B.Sc.(Agri. Science and Technology), M.B.A. and Ph.D.(Management Area ) by qualifications; and he has 36+ years of work experience in both industrial and development sectors in diversified fields of social importance. He has been educated at Orissa University of Agriculture and Technology (OUAT)-Bhubaneswar, Institute of Rural Management Anand (IRMA) and Gujarat University (with Resource Support of IIM-Ahmedabad). He is further educated at IIM-Calcutta, XLRI-Jamshedpur, Apple Computer Industries and Spar Inc., USA. He has worked for reputed National and International Organizations in Senior/Top Management Capacities at Board level as well as Managing Director and CEO. He is a management expert covering extensive areas from management in industrial sectors, management in agriculture and dairy, development management to management of public systems. He is a prominent professional of India and known Internationally as well. He lives at Mumbai in India.


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