ULTRA TECH CEMENT LIMITED Vs. DINESH KOTHARI

JUDGEMENT

(1.) THIS is a further application for ad -interim reliefs pursuant to the liberty granted by an ad -interim order dated 12th December, 2011, to make a fresh application after filing an affidavit disclosing further details to support the plaintiffs case that their marks were well -known marks prior to February, 2005.

(2.) I have, in the order dated 12th December, 2011, set out the essential facts. It is not necessary to set them out in detail again. Suffice it to note that the plaintiff No. 2 is, as on date, the proprietor of several marks known as the Ultra Tech marks as the dominant and most striking feature in each of them is the word "Ultra Tech". Plaintiff No. 2 granted a licence to plaintiff No. 1, inter -alia, of some of these marks. The defendant has used the identical mark in an identical manner, including the capital letter "T" despite the fact that Ultra Tech is written as one word. The letters in both the marks are in italic font in a dark black colour against a yellow background.

(3.) EVEN before considering the additional material produced by the plaintiffs, it is important to note the effect of the existing material in view of the fact that the relevant date has now shifted by ten months i.e. from February, 2005 to December, 2005.