The Court rejected the defendant’s reliance on a Bombay High Court order dated from 2016 which had noted that no person can claim exclusive right over the mark ‘Ultra’. Distinguishing the present case from the 2016 one, the Court noted,
“…it is seen that the said order, apart from noting that no person can claim exclusive right over the mark ‘Ultra’, also observed that the use of the mark by the defendants therein was not deceptively similar to that of the plaintiffs.”
Further, the Court said that the goods of the two cement companies were the same and any resemblance in the marks was likely to deceive an unwary consumer about the association of Ultra Plus Cement products with those of UltraTech.
It thus restrained the defendants from using the Ultra Plus mark till further orders.
Source: Barandbench
