ULTRATECH CEMENT LIMITED AND ANR vs SHIV CEMENT CO.

Judgment text excerpt

901-COMIP-126-2016 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL IP SUIT NO. 126 OF 2016 UltraTech Cement Limited & Anr. …Plaintiffs Versus M/s. Shiv Cement Co. …Defendant ----- Mr. Hiren Kamod a/w. Mrs. Alka Parelkar i/b. VA Associates for the Plaintiffs. None for the Defendant. Mr. Dhiraj D. Zatke, representative of the Court Receiver, present. ----- CORAM : ARIF S. DOCTOR, J. RESERVED ON : 24th MARCH 2026 PRONOUNCED ON : 28th APRIL 2026 P.C. 1. The present Suit is filed for infringement of trade mark combined with a cause of action for passing off. The Plaintiffs in the present Suit are companies incorporated under the Companies Act, 1956, having their registered offices at the addresses mentioned in the cause title of the Plaint. The Plaintiffs seek a permanent injunction to restrain the Defendant from infringing the Plaintiffs’ registered ‘UltraTech’ trade marks as set out in Exhibit P9 (“UltraTech trade marks”) and from committing the tort of Page 1 of 32 Vaibhav 901-COMIP-126-2016 passing off by using the trade marks “Ultraplus Cement” / , “Ultra HiTouch” / “Ultra HiTouch Cement bemisal Majbuti”/, and “UltraPower” (“impugned marks”) in relation to the Defendant’s goods, namely building materials / cement (“impugned goods”). 2. It is the case of the Plaintiffs’ that the impugned marks are nearly identical with and/or deceptively similar to the Plaintiffs’ UltraTech trade marks and that the impugned marks are used by the Defendant in relation to the sale of cement for which the Plaintiffs have secured registration and are using their “UltraTech” trade marks. 3. Mr. Kamod, Learned Counsel for the Plaintiffs, at the outset submitted that by an Order dated 1st August 2016, this Court had granted ex