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The Delhi High Court Monday dismissed a plea of a private company to use the brand name ‘Mother Dairy’ for its milk products.

The court passed the direction on the plea of Maa Baisnavi Enterprises, saying that the firm would not be allowed to use the brand name till Mother Dairy’s petition on trademark violation is decided.

‘This court is of the opinion that the interim injunction granted on Jan 1, 2009 should be confirmed in its terms and bind the defendants till final decision in the suit,’ said Justice S. Ravindra Bhat while dismissing the plea.

The court had in January last year allowed a petition of Mother Dairy, a wholly-owned subsidiary of the National Dairy Development Cooperation, seeking an interim order restraining Maa Baisnavi from unauthorised use of its trade mark in Jharkhand.

The court Monday rejected the contention of the firm that the mark ‘Mother Diary’ is a descriptive or generic word in relation to milk products and there was no trademark violation in using it.

The court was not satisfied by its contention and refused to lift the interim stay on using the trademark.

Mother Dairy was set up in 1974 in Delhi under the Operation Flood Programme. It sells dairy products like milk, curd, ice creams, cheese and butter as well as the Dhara range of edible oils and fresh fruits and vegetables under the Safal range.


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