Friday, November 11, 2022

Ultra Tech Cement Limited and another Vs Ultra Plus Cement Pvt. Ltd. and Ors

Judgment date:04.11.2022

Suit No. CS Comm No. 755 of 2022 

Name of Court: High Court of Delhi

Name of Hon'ble Justice: Navin Chawla H.J.

Case Title: Ultra Tech Cement Limited and another Vs Ultra Plus Cement Pvt. Ltd. and Ors


Plaintiff's Trademark: ULTRA TECH 

Plaintiff's business and Services: Manufacturing, Marketing and Sale of Cement and allied Products.

Plaintiff's user: Since 2003

Plaintiff's Trademark has been declared as Well Known Trademark.

Defendant's  Trademark: Ultra Plus

Defendant's business: Cement and allied Services 

Defendant's claimed user: 2008

 

Injunction was granted in favor of the Plaintiff and against the Defendant on the following grounds.

i. Plaintiff has established goodwill and reputation in relation to Ultra formative trademark.

ii.Both the Trademarks of parties are deceptively similar.

iii.The Court decided issue of territorial jurisdiction in favor of the Plaintiff as averments made in the plaint was found to be sufficient enough confer jurisdiction.

 iv. The Court also rejected reliance of Defendant on registration in favor of Shree Balaji Trading as mere presence of such registration is no proof of evidence.

Ajay Amitabh Suman, [IP ADJUTOR]

IPR Advocate, Hon'ble High Court of Delhi.

ajayamitabh7@gmail.com, 9990389539

D/1027/2002

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Note: Information is shared in the public interest. It should not be taken as a substitute for legal advice as it may contain errors of understanding and presentation, including clerical errors.

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