Grasim Industries and Ultra Tech Cement, part of the Aditya Birla Group, sued Saboo Tor Private Limited and others for trademark infringement and passing off, claiming the defendant was unlawfully using the well-known “BIRLA” name and “BIRLA TMT” on steel bars, TMT products and electric vehicles while the plaintiffs had been using “BIRLA” since 1988 for cement, construction materials and other goods. The single judge refused to grant any temporary ban on the defendant’s use of the name, holding that the plaintiffs had not placed enough documents on record to prove their connection to the Birla family business or their prior rights, and that the defendant had been openly selling its products under the mark for over 15 years without causing any confusion in the market, so the balance of convenience favoured allowing continued sales while directing the defendant to keep proper accounts of sales till the suit was decided. In the appeal before the division bench, the plaintiffs sought to bring on record certain old documents such as business transfer schemes, annual reports and trademark registration details that they said could not be traced earlier despite due diligence. After examining the pleadings, the law on additional evidence in appeals and the single judge’s reasoning, the Bombay High Court found that key statements in the original complaint linking the plaintiffs to the Birla Group had been overlooked and that the fresh documents were relevant and necessary to decide the matter fairly, therefore allowed the additional evidence to be taken on record so that the appeal could be properly adjudicated.
Title: Grasim Industries Limited & Anr. Vs. Saboo Tor Private Limited & Ors., Order date: 06.04.2026, Case Number: INTERIM APPLICATION (L) NO.2849 OF 2026 IN COMMERCIAL APPEAL (L) NO.39319 OF 2025, Neutral Citation: 2026:BHC-OS:8587, Name of court and Judge: IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION, BHARATI DANGRE & MANJUSHA DESHPANDE, JJ.
Disclaimer: Donot treat this as substitute for legal advise as it may contain subjective errors.
Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi
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