“You are an original when you stay true to what you know.” Following this philosophy for 40 years since 1984, Natural Ice Cream has become a well-known brand for using fruits in creating ice creams. With around 125 flavors to offer 147 outlets across the country and the recently launched factory in Mumbai, Natural Ice Cream is poised to continue expanding its reach in spreading the joy of fruits and natural ingredients in the form of delicious and mouth-melting ice creams.
Where today, most ice creams in the market consist of fruit flavors, stabilizers, and additives; what makes Natural Ice cream so different from others is being true to their tradition and traditional methods, which include the non-usage of any preservatives, stabilizers and artificial colors or chemicals and relying on three ingredients only, i.e., milk, fruit, and sugar, most of them sourced from India, making Natural Ice cream delicious and wholesome.
Furthermore, Natural Ice Cream is recognized as one of the pioneering brands responsible for introducing flavors such as Tender Coconut Ice Cream, Jackfruit Ice Cream, Watermelon Ice Cream, and Chickoo Ice Cream, among others, which are consistently available throughout the year. They also pioneered the idea of seasonal specials like Naturals Sitaphal Ice Cream, Naturals Mango Ice Cream, Pink Guava, Lychee, and more. Additionally, several new flavor concepts, including festive flavors, Friday Funday flavors, and berry festival flavors, were introduced a few years later, all offered at highly affordable prices.
Consistent focus on evolving while preserving its authentic flavors drives Natural Ice Cream’s sustained growth. Unsurprisingly, the brand has been recognized among the top 10 Home-grown brands in India by the KPMG Consumer survey and honored as Icons of India by the Economic Times.
History
The journey began with a fruit venture in a small village in Mangalore, where Mr. Raghunandan Kamath, the founder, aided his father, a mango seller. Enchanted by the realm of fruits, he mastered the skills of selecting, plucking, sorting, and preserving ripe produce. This profound knowledge became an asset for the company in crafting fruit ice creams.
From Mangalore to Bombay, armed with a second-class ticket and a brilliant idea, Mr. Raghunandan Kamath embarked on his entrepreneurial journey. Initially serving Pav Bhaji as the main dish, he cleverly added ice cream as an enticing addition to attract customers. This modest eatery quickly garnered attention, evolving into a bustling ice cream parlor known as “NATURALs,” inaugurated as the First Outlet in Juhu Scheme, Mumbai, on February 14, 1984. The overwhelming demand for their ice cream led to traffic congestion in Juhu’s narrow lanes. To meet the increasing demand, Mr. R S. Kamath had to innovate and develop new machines capable of producing more ice cream using existing methods.
By 1994, the company expanded its presence by inaugurating five additional outlets in Malad, Borivali, Bandra, Lokhandwala Complex, and Vile Parle. In 2000, Pune became the company’s first branch outside of Mumbai, further expanding into Ahmedabad, Goa, Hyderabad, Bangalore, Jaipur, Delhi, and Kolkata. In response to its increasing popularity, the company also introduced distinctive thermocol packaging, quickly becoming ubiquitous nationwide.
Trademark
One of the obstacles that Natural Ice Cream faced was its trademark. When Mr. Raghunandan Kamath began his business of a full-fledged ice cream parlor in Mumbai on February 14, 1984, under the mark ‘NATURAL’, it became the company’s identity. Over time, the mark obtained trademark registrations across multiple classes, including 29, 30, 35, 42, and 43. Under this trademark, the company has expanded its network to 140 franchisees across 42 cities in India. Moreover, it has extensively advertised on social media platforms like Facebook and Twitter. Despite having such a reputation, there were instances where the company had to deal with consumer confusion due to the similarity of trademarks with those of other companies.
One such instance can be found in the recent case of Siddhant Icecreams LLP & Ors. Vs. Ameet Pahilani & Ors, where the plaintiff filed a suit against Partners of NIC Natural Ice Creams seeking a decree of permanent injunction from trademark infringement along with an application for ad-interim injunction before the Hon’ble Delhi High Court[1]. It occurred when NIC NATURAL ICE CREAMS, another ice cream firm, started enticing customers with its varied range of ice cream flavors, which were not only accessible in physical stores throughout India but also featured on online food delivery platforms, much like Natural Ice Cream. However, since both firms utilized the same mark, ‘NATURAL,’ in an equal shade of green and dealt primarily with comparable products and services, as well as similar packaging, concerns of infringement, misrepresentation, and customer confusion were likely to arise. The primary allegation was that Ameet Pahilani, a partner at NIC Natural Ice Creams, was formerly associated with one of the franchisees of Natural Ice Cream. Following the termination of their agreement, he allegedly registered a mark bearing the name ‘NIC Natural Ice Creams’ in a dishonest manner.
In conclusion, on October 19, 2022, Justice Jyoti Singh issued an “ex parte ad interim injunction” in favor of the plaintiffs Siddhant Ice Creams LLP & others. The court found that all the evidence and facts favor the plaintiff, and thus, not granting an injunction order could result in “irreparable loss” to the plaintiffs. The court’s ruling forbade the defendants, NIC Natural Ice Creams, from using the plaintiffs’ marks in any way, including marks that were similar to them, and from utilizing the same trade dress, colors, and packaging. Additionally, they were barred from using domain names containing the mark ‘NATURAL’ and the plaintiffs’ marks as meta-tags or keywords for advertisement. The court even ordered food delivery aggregators to verify that infringing trademarks were not used in conjunction with the defendants’ business[2]. An appeal by the defendants followed this injunction order. However, both parties reached an interim arrangement on November 25, 2022, allowing them to conduct business without prejudice.
Before this incident, Natural Ice Cream faced a similar situation in the case Siddhant Icecreams LLP and Ors v. Natural Ice Cream And Anr., [3]in which Raghunandan Kamath promoted firms Siddhant Icecreams LLP, and Kamaths Ourtimes Ice Creams Pvt Ltd filed a lawsuit against the Manjalpur (Vadodara)-based ‘Natural Ice Cream.’ In addition to requesting damages for trademark infringement of Rs. 150 crore, the lawsuit aimed to stop the defendant brand in Vadodara from using the same trade name for its goods. The court ruled that the proprietor of the defendant company had no independent right to use the ‘NATURAL’ mark, even if the signage indicated usage ‘since 1992’. The plaintiffs, registered proprietors with usage dating back to 1984, sufficiently demonstrated a prima facie case. This led to the injunction order restraining the defendants from using or infringing the ‘Natural’ Family registered marks for their products or business names until September 9. Due to such brand recognition, Natural Ice Cream has been able to preserve and protect its brand identity and maintain consumer trust.
Conclusion:
In conclusion, Natural Ice Cream has garnered numerous accolades over the years, including the Corporation Bank’s National SME’s Excellence Award in the Food and Agro-Industry in 2006, Best in Customer Service – Regional Retailer Of the Year in 2013, a gold medal for the most innovative ice cream flavor (cucumber) in the Great Indian Ice Cream Contest in 2014, and recognition in 2016 for its homegrown concept in food service by Coca-Cola Golden Spoon Awards. These achievements underscore the brand’s reputation, which extends beyond mere advertising to the genuine appreciation of its customers. With a keen understanding of fruit-based ice cream’s potential, the company and its founder have consistently delivered a delicious end product celebrated nationwide. Natural Ice Cream remains a symbol of excellence in the ice cream industry, firmly establishing itself as one of India’s premier homegrown brands.
Author: Gautam Bhatia, CHRIST University
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