The Bombay High Court has refrained Alaknanda Cement Ltd from using the trade mark ‘Ultra Tuff’, as it infringes the trade mark of Ultra Tech Cement Ltd, namely, ‘Ultratech Cement, the Engineer’s Choice’. Ultra Tech Cement Ltd, the Aditya Birla group company, which command a substantial market share, alleged that its rival sold the same product using deceptively similar marks and package. It also alleged that Alaknanda company passed off its product as that of Ultra Tech. The court accepted its arguments and stated that it has to consider and compare the essential features of both the marks. If the essential features are similar, then confusion among the consumers and deception can be said to arise.