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
=============
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.
=============
