ULTRA TILE PVT LTD Vs. GANESH TILES &AMP

JUDGEMENT

(1.) This is a suit complaining of infringement of a registered trade mark and passing off.

(2.) The nucleus of this suit are two registered trademarks. The registered trademarks are 'ULTRA' with a logo and word mark 'ULTRA'. The trademark with logo is as follows :

(3.) As would be evident from the details of the registration set out supra, trademark 'ULTRA' pertains to tiles. The trademark 'ULTRA' is hereinafter referred to as 'said trademark' for the sake of convenience and clarity. The said trademark is being used by the plaintiff for the aforesaid product. The complaint in this suit by plaintiff is that a similar and deceptive trademark 'ULTRA' is being used by the sole defendant, for the same product, i. e. , Tiles.