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UltraTech wins copyright infringement case against Everest Industries: Report

UltraTech had claimed that Everest was using the marks ‘Ultratruf’ and ‘A One Ultratruf’ to sell cement, which was deceptively similar to its registered trademark ‘UltraTech’.

June 05, 2018 / 10:42 PM IST
 
 
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UltraTech Cement has won a lawsuit against Everest Industries in a copyright infringement case, according to a report by Mint.

On March 21, Aditya Birla Group-owned UltraTech Cement had moved to the Bombay High Court against Everest Industries for copyright infringement claiming that the latter was using the marks ‘Ultratruf’ and ‘A One Ultratruf’ to sell cement.

UltraTech had also stated that the placement of the mark, its style, font and colour combination, were deceptively similar to the registered mark and, hence, it had sent a cease-and-desist notice to Everest.

Under the Intellectual Property Rights law, this is called ‘passing off’ or making a false representation leading to a person to believe that the goods and/or services are from another seller. A brand can approach the court to protect its rights.

In his order, Justice SJ Kathawala said, “Prima facie, the marks ‘Ultratruf — The Builders Choice’ and ‘A One Ultratruf’ used by the defendants are deceptively similar to the plaintiffs’ registered trademark ‘UltraTech’.

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The court also stated that Everest was deceptively using another brand name ‘Ambruja’ which was similar to that of ‘Ambuja Cements Limited’.

On May 14, the court ordered Everest Industries to not use the mark in any manner and asked them to deposit a sum of Rs 10 lakh as costs and damages within two weeks.
Moneycontrol News
first published: Jun 5, 2018 10:42 pm

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