Fact of the Case:
UltraTech Cement Limited and its affiliate, part of the Aditya Birla Group, alleged that Sarbjeet Arora trading as Lovely Sales Corporation was using the well-known trademark "UltraTech" and an identical yellow-black trade dress for manufacturing and marketing adhesive tapes and related products. The plaintiffs claimed that the defendant's use of the "UltraTech" mark and similar trade dress in allied goods was causing confusion, misappropriating their goodwill, and infringing on their trademark rights.
Procedural Background in Brief:
The plaintiffs issued a cease and desist notice to the defendant in January 2025. Although the defendant initially responded with a willingness to "step down" from using the mark, no compliance was shown, prompting the plaintiffs to file the present suit. On 12th March 2025, the Delhi High Court heard the matter and noted that the defendant had been duly served but had failed to appear.
Reasoning of Court:
The Court found that the plaintiffs are the registered proprietors of over 150 trademarks containing "UltraTech," recognized as a well-known mark since 2011. The Court observed that the defendant's use of an identical mark and a deceptively similar color combination (yellow and black) for adhesive tapes, which are allied and cognate goods to cement products, could cause confusion among consumers. The Court found that the plaintiffs had made a prima facie case of trademark infringement and passing off.
Decision:
The Court granted an ex parte ad-interim injunction, restraining the defendant from using the mark "ULTRATECH" or any deceptively similar mark, trade dress, or get-up on its products or in business dealings. The Court also restrained the defendant from infringing the plaintiffs' copyright in their artistic trademarks and ordered compliance under Order XXXIX Rule 3 CPC within two weeks.
Case Title: Ultratech Cement Limited Vs Sarbjeet Arora Tradi
Date of Order: 12th March 2025
Case Number: CS(COMM) 229/2025
Name of Court: High Court of Delhi at New Delhi
Name of Hon'ble Judge: Hon'ble Ms. Justice Mini Pushkarna
