Allowed

Ultratech Cement Limited and Anr. v. Bhagyalaxmi Cement Industries and Anr.

Bombay HC19 Aug 2014S/746/2014

Case brief

AI extract

What is this about?

The defendant agreed to submit to injunctive relief regarding the use of deceptively similar trademarks. The court decreed the suit accordingly, restraining the defendant from using the marks and ordering delivery up of infringing materials, and dismissed the claim for damages.

What did the court decide?

Injunction against use of 'Ultra Super Cement' and similar marks; Delivery up of infringing materials for destruction; Claim for damages dismissed.

Ultratech Cement Limited and Anr. Vs Bhagyalaxmi Cement… — Intellectual Property | Bombay HC (2014)

¶1

1-SL-5902014.DOC

¶2

ars

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT (L) NO. 590 OF 2014

¶4

AND

¶5

NOTICE OF MOTION (L) NO.1419 OF 2014

¶6

ULTRATECH CEMENT LIMITED & ORS.…Plaintiffs
Versus

¶7

BHAGYALAXMI CEMENT INDUSTRIES & …Defendants
ORS.

¶8

Dr.Virendra Tulzapurkar, Senior Advocate, a/w Amit
Jamsandekar i/b M/s. V.A. Associates, for the Plaintiffs.
Mr.Nikhil Sakhardande, a/wMr. Mayur Khandeparkar, Mr.
Pralhad Paranjape i/b Ruturaj Pawar, for the Defendants.

¶9

CORAM:G.S. PATEL, J
DATED:19th August 2014

¶10

PC:-

¶11

1.Mr. Sakhardande, learned counsel for the Defendants,
on instructions states that the Defendant is agreeable to submit to a
decree in terms of prayer clauses (a), (b) and (d). In view thereof,
Mr. Tulzapurkar, learned senior counsel for the Plaintiffs does not
press his claim in prayer clause (c) for damages.

¶12

2.Suit is decreed in terms of prayer clauses (a), (b) and (d),
which reads as follows:

¶13

1 of 3

¶14

1-SL-5902014.DOC

¶15

(a) that the Defendants by themselves, their servants, agents and distributors or representatives or any person claiming through or under them and the like be restrained by a perpetual order and injunction from in any manner in relation to any of its goods from using the marks “Ultra Super Cement” or with any other word or device and/or any other mark or the impugned label/mark as shown in EXHIBIT I-11 and/or other deceptively similar words written in a stylized manner or in any manner which is identical with and/or deceptively similar to all the registered and well known “UltraTech” trademarks or parts thereof bearing Registration Nos.1244745, 1326528, 1575299, 1544648, 1340606, 1525671, 1525672, 1908355, 1908356, 2080447 and 2080448 so as to infringe the Plaintiffs said registered trademarks;

¶16

(b) that the Defendants by themselves, their servants, agents, representatives or any person claiming through or under them and the like be restrained by a perpetual order and injunction of this Hon’ble Court from using the mark “Ultra Super Cement” or with any other word or device and/or any other mark or the impugned label/mark as shown in EXHIBIT I-11 and/or any other deceptively similar words written in a stylized manner or in any manner

¶17

2 of 3

¶18

1-SL-5902014.DOC

¶19

and/or any other deceptively similar mark to the Plaintiff’s “UltraTech” trademarks or parts thereof so as to pass off and/or enable others to pass off the Defendant’s goods as and for the goods of the Plaintiffs or in some way connected with the Plaintiffs;

¶20

(d) that the Defendants be ordered and decreed to deliver up to the Plaintiffs for destruction thereof all the stationery, brochures, pamphlets, forms and all promotional advertising, literature, packing material, poly bags and other materials, articles and effects of the Defendants bearing the impugned mark along with all stamps, dies, articles, papers and things, bearing the impugned marks/labels “Ultra Super Cement” and/or any other articles or materials used for printing the impugned marks/labels;

¶21

3.Decree to be drawn up accordingly. Suit is disposed of in
these terms.

¶22

4.In view thereof, Notice of Motion does not survive and
disposed of accordingly.

¶23

3 of 3

Ultratech Cement Limited and Anr. v. Bhagyalaxmi Cement Industries and Anr.

Case brief

What is this about?

What did the court decide?

Ultratech Cement Limited and Anr. v. Bhagyalaxmi Cement Industries and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Usv Limited Vs Axiz Bank Limited and Anr.

Khursheed Anwar Mohammad Ali Vs Syncom Formulation (I)Ltd.

Hasnain Mansoorali Sultanali Vs Ali Akbar Adamjee Peerbhoy

Ultratech Cement Limited and Anr. Vs Bhagyalaxmi Cement Industries and Anr.

Mr.Rakesh Malhotra Vs Mr.Rajinder Kumar Malhotra and 7 Ors.

Mr.Rakesh Malhotra Vs Rsm Properties Pvt.Ltd. and 8 Ors.