HINDUSTAN UNILEVER LIMITED Vs. GUJARAT CO-OPERATIVE MILK MARKETING FEDERATION LTD.
LAWS(BOM)-2017-6-51
HIGH COURT OF BOMBAY
Decided on June 16,2017

HINDUSTAN UNILEVER LIMITED Appellant
VERSUS
GUJARAT CO-OPERATIVE MILK MARKETING FEDERATION LTD. Respondents

JUDGEMENT

S.J.K ATHAWALLA,J. - (1.) 1. The Plaintiff -- Hindustan Unilever Limited, is a Public Limited Company incorporated under the Companies Act, 1956. Prior to 1956, the name of the Plaintiff was Lever Brothers (India) Limited which was changed to Hindustan Lever Limited with effect from 3rd October,1956 and subsequently to Hindustan Unilever Limited on 11th June, 2007. The Plaintiff carries on the business of manufacturing and selling Fast Moving Consumer Goods ('FMCG'), including frozen desserts and ice cream under the mark "KWALITY WALL'S".
(2.) Defendant No. 1 --Gujarat Co-operative Milk Marketing Federation Limited is a co-operative body of milk producers in Gujarat and is engaged in marketing of various dairy and dairy based products including ice creams under the mark "AMUL", and is a competitor of the Plaintiff. Defendant No.2 -- FCB Ulka Advertising Pvt. Ltd. is an advertising agency.
(3.) Defendant Nos. 3 and 4 - Vadilal Industries Ltd. and Vadilal Dairy international Limited are manufacturers of frozen dessert products/the same class of products as that of the Plaintiff which are the subject matter of the present Suit. According to the Plaintiff, Defendant Nos. 3 and 4 are joined as party Defendants to the Suit since they have a common interest with the Plaintiff, and are therefore proper parties for the purposes of the present Suit. No reliefs are claimed against Defendant Nos. 3 and 4.;


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