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Informist, Thursday, Apr. 30, 2026

 

NEW DELHI – The Bombay High Court has restrained Shiv Cement Co. from manufacturing and selling products under the names UltraPlus CEMENT and UltraHiTouch CEMENT or its combination, which were similar to UltraTech Cement Ltd.'s registered trademark. The court asked Shiv Cement to pay a total cost of INR 6.6 million to UltraTech Cement for infringing the latter's trademark.

 

The high court said that Shiv Cement's marks were visually, structurally, phonetically virtually identical and deceptively similar to UltraTech Cement's registered and well-known UltraTech trademarks. Shiv Cement's marks nearly contain the entirety of UltraTech Cement's trademark Ultra, which is also the leading and essential feature of its other trademarks, said the court. The manner in which these marks are used on Shiv Cement's cement bags, more particularly, the get-up, placement, colour scheme, and general idea, which makes evident the company's mala fide adoption and use of the marks, said the court.

 

The similarities between the rival trademarks cannot be a matter of coincidence, said the court, adding that the rival goods are also the same, which were cement. Hence, Shiv Cement's use of these trademarks is more than likely to cause confusion, deception, and misrepresentation among consumers and members of the trade, said the court. The possibility of the association of Shiv Cement's goods bearing these trademarks with the UltraTech Cement's goods bearing the UltraTech trademarks cannot be ruled out, said the court.

 

The use of the infringing marks is without due cause and is likely to take advantage of the distinctive character and goodwill associated with UltraTech Cement's trademarks, said the court. The dishonesty and lack of bonafides on the part of Shiv Cement is also apparent from the fact that the company has not at any stage of the suit appeared, either in person or through its advocate, despite due service of the writ of summons, said the court.

 

UltraTech Cement said that it had been openly, continuously and extensively using the UltraTech trademarks in relation to the building materials, including cement, since the year 2003 and that it presently manufacture and market various products under the trademarks inter alia containing the mark 'UltraTech', of which 'Ultra' is a leading, essential, and prominent feature. In 2012, UltraTech Cement came across the goods of Shiv Cement bearing the trademarks UltraPlus, UltraHiTouch and UltraPower being sold in the market, all in connection with the sale of cement. Consequently, UltraTech Cement filed a suit in the high court seeking permanent restraint on Shiv Cement from infringing its trademark.

 

At 1337 IST, the shares of UltraTech Cement traded 2.1% lower at INR 11,590.00 on the National Stock Exchange.  End

 

Reported by Surya Tripathi

Edited by Akul Nishant Akhoury

 

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