Why Adani-owned Ambuja Cements has sued JSW Cement
What's the story
Ambuja Cements, owned by Adani Group, has sued JSW Cement for allegedly infringing on its "Kawach" brand. The lawsuit was filed in the Delhi High Court after JSW launched a similar product called "JSW Cement CHD JalKavach." Ambuja has sought a permanent injunction against JSW's use of the name, withdrawal of its trademark application, and damages.
Legal proceedings
Court summons JSW to respond to allegations
Justice Manmeet Pritam Singh Arora of the Delhi HC has summoned JSW Cement and its subsidiary, JSW IP Holdings Pvt. Ltd, to respond to Ambuja's allegations. The court has suggested mediation as a possible way to resolve the dispute out of court. However, if no resolution is reached by then, hearings will continue on October 15.
Trademark details
Ambuja claims ownership of 'Kawach' trademark
Ambuja has claimed ownership of the "Ambuja Kawach" trademark, which was registered in 2019. The company also owns related marks like "Water Shield," which have been used continuously since 2020 for its water-repellent cement. Ambuja claims that JSW launched a competing product called "JSW Cement CHD JalKavach" and applied to register the name in May this year.
Branding dispute
Ambuja argues 'Jal Kavach' is deceptively similar
Ambuja has argued that the name "JalKavach" is deceptively similar to its own. The company claims that the term "Kavach," which means shield in Hindi, is the distinctive element of its brand. Ambuja contends that adding the prefix "Jal" (water) creates phonetic, visual, and conceptual similarities that could confuse consumers.
Marketing mimicry
Allegations of packaging and marketing mimicry
Ambuja has also alleged that JSW's product packaging as well as marketing are designed to mimic its branding. The company claims this includes a similar layout, colorful designs, and a logo placement that mirrors Ambuja's distinctive "Giant Man's Arm" branding. Further, Ambuja says that JSW uses similar descriptive terms like "water resistance," "seepage prevention," and "durability" to cash in on the reputation of its own "Kawach" product.