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In a suit filed in the Bombay High Court, the two companies said MP Birla Group has infringed on their copyright by using the word ‘ultra’ in its cement brands.
Mumbai-based Ultratech has said that two of Kolkata-based MP Birla Group brands—MP Birla Cement Ultimate Ultra and MP Birla Cement Ultimate Ultra 2—are infringing its trademark by using the word ‘ultra’.
“Plaintiffs (Ultratech and Grasim) have filed the present suit to prevent the act of infringement, passing off and unfair trade committed by the defendant by using the impugned mark,” said the petition, which was reviewed by ET.
Passing off in IPR law means making a false representation that is likely to induce a person to believe that the goods or services are those of another.
Ultratech is seeking relief by restraining the Kolkata-based group from using the mark.
Senior counsel Veerandra Tulzapurkar, who appeared for the Aditya Birla firm, argued that MP Birla Group started using the impugned mark in July 2019.
But senior counsel Ravi Kadam, who is representing MP Birla Group, said the defendant has been using the mark since March 2018 and that it has enough material to substantiate its claim.
“Since the matter is sub judice, Birla Corporation would not like to make any detailed statement on the dispute. However, the company is confident of defending its trademark, MP Birla Cement Ultimate Ultra, against any legal challenge,” said a MP Birla spokesperson in an email response.
An email query to Aditya Birla Group did not elicit any response till the time of filing this report.
Law firm VA Associates is advising Ultratech Cement and Grasim Industries in the dispute while MP Birla Group is being represented by Legasis Partners.
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