Kerala Court slaps ₹1 crore fine on private dairy Milnna for infringing Milma trademark

A Kerala court has slapped a fine of ₹1 crore on a private dairy firm called 'Milnna' for infringing the Milma trademark of the Kerala Co-operative Milk Marketing Federation, a cooperative society that sells milk and milk products [The Kerala Co-operative Milk Marketing Federation Limited v. Jose George].

The Principal Thiruvananthapuram Commercial Court judge Mariam Salomi observed that 'Milnna' is a blatant copy of the registered trademark 'Milma' and ordered Jose George, who markets Milnna, to pay the State-run Co-operative ₹1 crore for trademark infringement and for damaging their goodwill and reputation.

"The defendant's (Jose George) impugned mark ‘Milnna’ is a blatant copy of the prior registered trademark of the plaintiff (Kerala Co-operative Milk Marketing Federation) and the defendant is unjustly enriching at the cost of the plaintiff and is profiting off the goodwill and reputation earned by the plaintiff. The evidence of the plaintiff shows that the defendant is infringing the registered A schedule trade mark and B schedule trade dress/packing the goodwill and reputation 46 acquired by the plaintiff to the A schedule trade mark and B schedule trade dress/packing. Thus the plaintiff claims that it is entitled to realise Rs.1,00,00,000/- with future interest @ 14.5% from the defendant and charged on all assets of the defendant for infringing the registered A schedule trade mark and B schedule trade dress/packing and for damaging the reputation and goodwill of the plaintiff," stated the December 2024 judgment, which became public more recently.

The judge also restrained the Milnna from marketing, selling or advertising any milk, milk products or allied products using product packaging similar to those of Milma.

"The defendant and his agents are restrained from marketing, offering for sale, advertising for sale and selling any milk or milk products or allied products using plaint C schedule marks or trademarks, trade dress/cover which is deceptively similar to plaint A schedule registered trademarks and B schedule trade dress packing belongs to the plaintiff in India by a decree of perpetual prohibitory injunction", the judge ordered.

The judge further directed the private dairy to cover the litigation costs incurred by Kerala Co-operative Milk Marketing Federation.

The order was passed on a suit filed by MILMA seeking a perpetual prohibitory injunction to restrain the defendant for selling its milk under the name Milnna, or in sachets that closely resembled Milma's cover design and name.

It was argued that the first three letters of the plaintiff's trademark 'Milma' are taken from the word milk and the last two letters are taken from the word marketing. It is therefore an invented word completely distinctive in nature. The trademark was registered under the Trade and Merchandise Marks Act, 1958, with trademark No.437327 with effect from May 6, 1985 and is valid till May 6, 2026.

The plaintiff contended that over the years, it has used and registered several variations of Milma and thus, it had established proprietary and legal rights over the trademark Milma and its variants.

The plaintiff argued that the defendant had also copied unique packing design and colour combination of Milma products.

Although the defendant received summons from the Court, he did not appear before the Court or challenge the claim of the plaintiff leaving the Court with no material on record to disbelieve the plaintiff's case.

"The defendant did not attempt to disprove the case of the plaintiff and it was not even challenged by the defendant. The non appearance of the defendant shows that he is not opposing the claim of the plaintiff. The evidence of the plaintiff before the court seems to be convincing and cogent. I could not find any reason to discard the evidence led by the plaintiff," the Court said as it allowed Kerala Cooperative Milk Marketing Federation's suit.

[Read Judgment]