Aditya Birla Group-owned Grasim Industries and Ultratech Cement have filed a copyright infringement lawsuit against the Harsh Vardhan Lodha-controlled MP Birla Group in the Bombay High Court, accusing it of the unauthorized use of the word 'ultra' in its cement brands.
Mumbai-based Ultratech Cement of the Aditya Birla Group has claimed that two of Kolkata-based MP Birla Group brands, namely P Birla Cement Ultimate Ultra and MP Birla Cement Ultimate Ultra 2, have infringed its trademark by using the word 'ultra'.
According to the petition filed in the Bombay High Court by Aditya Birla Group companies Ultratech Cement and Grasim Industries, thelaw suit has been filed to prevent the act of infringement, passing off and unfair trade committed by the defendant by using the impugned mark.
In Intellectual Property Rights (IPR) related law, “passing off’ means making a false representation which is likely to induce people to believe that goods or services are those of another company.
Thus, the Aditya Birla Group owned Ultratech Cement has sought relief by restraining the Kolkata-based MP Birla Group from using the ‘ultra’ mark on its cement brands.
Aditya Birla Group’s lawyer argued that MP Birla Group started using the impugned ‘ultra’ mark in July 2019.
However, MP Birla Group’s lawyer stated that it has been using the ‘ultra’ mark since March 2018 and that it has enough evidence to substantiate its claim.
Law firm VA Associates is advising the Aditya Birla Group’s Ultratech Cement and Grasim Industries in the dispute while the MP Birla Group is represented by Legasis Partners.