Court Orders Perpetual Injunction and Damages Against M/s. Shiv Cement Co. for Trademark Infringement and Passing Off
In a significant judgment reinforcing trademark protections, the Bombay High Court has ruled in favor of UltraTech Cement Limited in a trademark infringement and passing off case against M/s. Shiv Cement Co. The court's decision, delivered by Justice Arif S. Doctor, has restrained the defendant from using marks deceptively similar to UltraTech's registered trademarks, ordering the destruction of infringing goods and awarding substantial damages to the plaintiffs.
The plaintiffs, UltraTech Cement Limited and its associated entities, filed the suit against M/s. Shiv Cement Co., alleging infringement of their well-known "UltraTech" trademark. The defendant was accused of using similar marks such as "UltraPlus Cement," "UltraHiTouch Cement," and "UltraPower," which the court found to be visually, structurally, and phonetically similar to UltraTech's trademarks.
Justice Doctor highlighted the distinctiveness and goodwill associated with UltraTech's trademarks, noting that the defendant's actions were likely to cause confusion and deception among consumers. The court emphasized the dishonesty of the defendant, who failed to appear in court or file a defense, and recognized UltraTech's trademarks as well-known in India.
The judgment ordered a perpetual injunction against M/s. Shiv Cement Co., preventing them from using any marks similar to UltraTech's in relation to cement products. Additionally, the court decreed the delivery and destruction of all infringing materials and awarded Rs. 50,00,000/- in costs and Rs. 16,48,006/- in expenses to the plaintiffs. The court also imposed an 8% interest for non-compliance.
The ruling underscores the importance of protecting intellectual property rights and serves as a deterrent against future trademark infringements in the industry.
Bottom line:-
Trade Mark Law - Defendant restrained from using trade marks deceptively similar to Plaintiff's registered "UltraTech" trade marks. Plaintiffs entitled to damages, costs, and destruction of infringing goods.
Statutory provision(s): Trade Marks Act, 1999 Sections 28, 29, 135, 151 of CPC, 1908
UltraTech Cement Limited v. M/s. Shiv Cement Co., (Bombay) : Law Finder Doc id # 2891895
