Case Title: UltraTech Cement Limited Vs Shiv Cement Co.:28.04.2026:Commercial IP Suit No. 126 of 2016:2026:BHC-OS:11103:Arif S Doctor, H.J.
The Bombay High Court decreed a trademark infringement and passing off suit in favour of UltraTech Cement Limited, granting permanent injunction and imposing substantial costs against the Defendant for dishonest adoption of deceptively similar marks.
The Plaintiffs, proprietors of the well-known “UltraTech” trademarks in respect of cement and building materials, established extensive use since 2003, along with significant goodwill, reputation, and statutory protection, including recognition of UltraTech as a well-known trademark in India.
The dispute arose from the Defendant’s use of marks such as “UltraPlus”, “Ultra HiTouch”, and “Ultra Power” for identical goods, i.e., cement. The Court found that the impugned marks incorporated the dominant and essential feature “ULTRA”, which is the key distinguishing element of the Plaintiffs’ marks, and were visually, phonetically, and structurally deceptively similar.
Notably, the Defendant failed to appear or contest the proceedings, leading to the Plaintiffs’ evidence remaining unchallenged. The Court also noted seizure of infringing cement bags and observed that the Defendant’s conduct reflected mala fide intent to ride upon the Plaintiffs’ goodwill and mislead consumers, particularly in a sector impacting public safety.
Applying settled principles of deceptive similarity and trademark infringement, the Court held that use of the impugned marks would inevitably cause confusion and amount to infringement and passing off. The Court further emphasized that minor variations or additions do not dilute infringement where the essential feature of the mark is appropriated.
While declining full claimed damages due to lack of precise proof, the Court awarded ₹50 lakhs as costs along with reimbursement of litigation expenses, highlighting the Defendant’s dishonest conduct and failure to participate in proceedings.
Accordingly, a decree of permanent injunction was granted restraining the Defendant from using the impugned marks or any deceptively similar variations, along with directions for delivery and destruction of infringing materials.
Written By:Advocate Ajay Amitabh Suman,IP Adjutor [Patent and Trademark Attorney],High Court of Delhi
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**UltraTech Cement’s Victory Against “Ultra” Mark Infringement: Bombay High Court Decrees Suit in Favour of Well-Known Trademark Owner**
### Introduction
UltraTech Cement Limited, one of India’s leading cement manufacturers, successfully protected its famous “UltraTech” brand against a smaller player using similar sounding and looking marks like “UltraPlus Cement”, “Ultra HiTouch Cement”, and “UltraPower”. In a detailed ex-parte judgment, the Bombay High Court examined trademark infringement and passing off claims. The court found that the defendant’s marks were deceptively similar to the plaintiffs’ registered and well-known trademarks. This case highlights how courts safeguard established brands from copycats in the competitive building materials market, especially when the defendant remains absent and the adoption appears dishonest.
### Factual Background
UltraTech Cement Limited and its group company (collectively referred to as the plaintiffs) have built a strong reputation in the cement industry since the early 2000s. They own multiple registered trademarks featuring “UltraTech” and the prominent word “Ultra”. These marks appear on cement bags, packaging, and promotional materials. Over the years, through continuous use, heavy advertising, and massive sales, the “UltraTech” brand has become strongly associated with quality cement in the minds of consumers and traders. The plaintiffs even secured recognition of “UltraTech” as a well-known trademark in India.
The defendant, M/s. Shiv Cement Co., started using marks such as “Ultraplus Cement”, “Ultra HiTouch Cement bemisal Majbuti”, and “UltraPower” on its cement bags. These marks prominently featured the word “Ultra” combined with other terms, and the overall look, colour scheme, and get-up closely resembled the plaintiffs’ packaging. The plaintiffs discovered these products in the market around 2012 and later in 2016. They viewed the defendant’s actions as an attempt to ride on their hard-earned goodwill by creating confusion among buyers.
### Procedural Background
The plaintiffs filed a commercial intellectual property suit in the Bombay High Court seeking a permanent injunction against the defendant for trademark infringement and passing off. They also prayed for damages and delivery up of infringing materials for destruction.
Early in the proceedings, the court granted ex-parte ad-interim relief and appointed a Court Receiver. The Receiver visited the defendant’s premises and seized over a thousand cement bags bearing the impugned marks. Despite proper service of summons, the defendant never appeared in court, filed no written statement, and led no evidence. The suit proceeded as undefended. The plaintiffs filed their evidence through an affidavit of their senior manager, supported by trademark registrations, sales records, promotional materials, and court orders from earlier cases recognizing their rights. The matter was heard and reserved, leading to the final judgment.
### Dispute
The core dispute centered on whether the defendant’s use of marks containing “Ultra” (such as UltraPlus, Ultra HiTouch, and UltraPower) for cement amounted to infringement of the plaintiffs’ registered “UltraTech” trademarks and also constituted passing off. The plaintiffs argued that “Ultra” forms the essential and distinctive feature of their marks. They claimed the defendant’s marks were visually, structurally, and phonetically deceptively similar, likely to confuse ordinary consumers. They further alleged the defendant acted dishonestly to exploit their reputation, especially since the cement sold under the impugned marks was reportedly of substandard quality, posing risks in construction projects.
The defendant offered no defense, leaving the plaintiffs’ evidence unchallenged.
### Reasoning
The court carefully analyzed the evidence and legal principles. It noted the plaintiffs’ long and extensive use of the “UltraTech” marks since 2003, backed by sales figures, advertisements, and annual reports. This use had created immense goodwill, and the mark had acquired secondary meaning, exclusively pointing to the plaintiffs. The court also took note of “UltraTech” being listed as a well-known trademark.
On similarity, the judge applied the test of overall impression rather than side-by-side microscopic comparison. Marks are remembered by their salient features and general idea, especially by consumers of average intelligence with imperfect recollection. Here, the prominent “Ultra” element, combined with similar get-up, colour scheme, and use on identical goods (cement), created a strong likelihood of confusion and association. Minor additions like “Plus” or “HiTouch” did not sufficiently distinguish the marks.
The court rejected any narrow interpretation that would limit protection only to the full composite mark. It relied on earlier Bombay High Court decisions to hold that when a part of a registered mark (like “Ultra”) is distinctive, the proprietor can still claim protection against similar use. The defendant’s complete absence and failure to justify its adoption pointed to bad faith and mala fide intention to trade upon the plaintiffs’ reputation. Substandard quality of the defendant’s product further heightened public interest concerns.
### Judgements with Complete Citation and Their Context Discussed
The court drew significant support from its own earlier rulings involving the plaintiffs’ “UltraTech” marks and general principles of deceptive similarity.
It referred to *Hiralal Prabhudas v. Ganesh Trading Company & Ors* (AIR 1984 Bom 218). In that case, the Bombay High Court laid down important tests for deciding deceptive similarity: focus on the main idea or salient features of the marks; consider how marks are remembered by general impressions rather than photographic memory; overall similarity is key; view from the perspective of an average buyer with imperfect recollection; examine overall structure, phonetic similarity, and idea conveyed; and compare marks as wholes without microscopic differences. The court in the present case found these principles directly applicable, as the defendant’s marks shared the essential “Ultra” feature and created the same overall impression.
Another key precedent was *Ultra Tech Cement Ltd. v. Alaknanda Cement (P) Ltd.* (2011 SCC OnLine Bom 783), later confirmed by the Division Bench in *Alaknanda Cement (P) Ltd. v. Ultratech Cement Ltd.* (2011 SCC OnLine Bom 1487). In those proceedings, the court protected “UltraTech” even when challenges were raised under Section 17 of the Trade Marks Act regarding composite marks. The Division Bench clarified that registration of a composite mark does not prevent protection of its distinctive parts if those parts are not common to the trade and have acquired distinctiveness. Section 17 does not bar exclusivity where the element is distinctive and the registration itself shows no disclaimer. The present judgment found these observations fully applicable, reinforcing that “Ultra” as a prominent and distinctive feature deserved protection.
The court also noted prior orders where various courts had restrained third parties from using similar infringing marks, further strengthening the plaintiffs’ reputation and well-known status.
### Final Decision of Court
The Bombay High Court decreed the suit in favour of the plaintiffs. It granted a perpetual injunction restraining the defendant, its agents, and anyone claiming under it from using the impugned marks or any deceptively similar marks containing “Ultra” (alone or in combination) in relation to cement or building materials. The defendant was also ordered to deliver up all infringing bags, packaging, and materials for destruction.
On monetary relief, the court awarded costs of Rs. 50 lakhs to the plaintiffs, considering the defendant’s dishonest conduct, absence from proceedings, and the commercial nature of the suit. It further directed payment of Rs. 16,48,006 towards the plaintiffs’ actual expenses incurred in investigation and litigation. In case of non-payment within eight weeks, interest at 8% per annum would apply. The Court Receiver was discharged upon the plaintiffs’ undertaking to bear its costs.
### Point of Law Settled in the Case
This judgment reinforces that in trademark disputes, courts will protect the essential and distinctive features of a registered mark, even within a composite mark, particularly when that feature has acquired strong distinctiveness and secondary meaning. It underscores the importance of overall similarity test, consumer perspective with imperfect recollection, and the role of get-up and trade dress in assessing confusion. Dishonest adoption, especially by a non-appearing defendant in a well-known mark case, invites not only injunction but also substantial costs as a deterrent. The decision affirms that substandard goods sold under infringing marks raise serious public interest issues in sectors like construction. It also highlights the evidentiary value of well-known trademark status and unchallenged plaintiff evidence in ex-parte proceedings.
**Case Detail**
**Title:** UltraTech Cement Limited & Anr. Versus M/s. Shiv Cement Co.
**Date of Order:** 28th April 2026
**Case Number:** Commercial IP Suit No. 126 of 2016
**Neutral Citation:** 2026:BHC-OS:11103 (as appearing on the judgment)
**Name of Court:** High Court of Judicature at Bombay (Ordinary Original Civil Jurisdiction, Commercial Division)
**Name of Hon'ble Judge:** Arif S. Doctor, J.
**Disclaimer:** Readers are advised not to treat this as substitute for legal advise as it may contain errors in perception, interpretation, and presentation.
Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi
**Suggested Titles for Legal Journal:** UltraTech Cement Trademark Infringement Suit Decreed by Bombay High Court, Protection of Prominent Features in Composite Marks, Well-Known Trademark Safeguarded Against Deceptive Similarity in Cement Industry
**Suitable Tags:** trademark infringement, passing off, deceptive similarity, well known trademark, Bombay High Court, UltraTech Cement, ex parte decree, commercial courts act, intellectual property, cement industry dispute
**Headnote of Article:** Bombay High Court grants permanent injunction and costs in favour of UltraTech Cement against defendant’s use of deceptively similar “Ultra” prefixed marks for cement, reiterating tests for deceptive similarity and protection of distinctive elements of registered well-known trademarks in undefended proceedings.
