Justice Manmeet Pritam Singh Arora, while issuing summons to JSW Cement and its IP arm JSW IP Holdings, advised the two cement manufacturers to attempt an out-of-court resolution. The court has posted the matter for further hearing on October 15, in the event that the mediation process fails.
The case revolves around Ambuja Cements, which is owned by the Adani Group, seeking legal restraint on JSW firms from using the term “Kawach” in their product branding. Ambuja alleges that JSW copied the name for its own cement product, “Jal Kawach,” which was launched recently and applied for trademark registration in May.
According to court filings cited in the media, Ambuja Cements has been using the registered trademark “Ambuja Kawach” since 2020 for its water-repellent cement. The product is marketed as a solution for protection against dampness. The company asserts that JSW’s recently launched competing product, “JSW Cement CHD Jal Kawach”, not only uses a similar name but also adopts similar marketing descriptors such as “water resistance,” “seepage prevention,” and “durability.”
Ambuja has told the court that such branding tactics by JSW aim to ride on the reputation and market goodwill of its own established “Kawach” brand. The company contends that this amounts to trademark infringement and unfair business practices.
The Delhi High Court has referred the matter to mediation to facilitate an amicable resolution. The court’s decision to move towards mediation may delay any immediate legal ruling, but it keeps the spotlight on both companies.On Wednesday, shares of Ambuja Cements closed 1.6% higher at Rs 582.40 on the BSE.Also read: India’s $3.5 trillion gold holdings show it’s far from a ‘dead economy’: Gurmeet Chadha
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