The Delhi High Court has dismissed petitions by the Ahmedabad-based Cadila Healthcare and Gujarat Co-operative Milk Marketing Federation (popularly known as Amul), which are fighting over usage of words 'Sugar Free' on their products.

Both Cadila and Amul (the milk marketing federation) had challenged the order of single member bench on October 23, 2007, that had allowed the cooperative to use 'Sugar Free' on its ice-creams but prevented from displaying it prominently.

A Division Bench, comprising Justice Mukul Mudgal and Justice Vipin Sanghi, has upheld an order passed by the single-member bench. “In our view, the interim order of the single judge at the interlocutory stage is justified and does not warrant any interference.”

It further added that Cadila's grievance over the use of their registered trade mark 'Sugar Free' by GCMMF has already been addressed by putting a restriction on font size that the maker of the Amul brand can use.

The Bench also said: “Contention of respondent (Amul) that there can be no restriction over on any kind of font for the ‘Sugar Free’ cannot be accepted.”

Cadila Healthcare contended that 'Sugar Free' had acquired distinctiveness in the market and by using its 'trademark' Amul was trying to mislead customers.