CASTROL LIMITED Vs. KAMAL LUTHRA

JUDGEMENT

(1.) Plaintiffs have filed this suit for perpetual injunction, infringement of trade marks, passing off and damages etc. Counsel for the plaintiffs has contended that plaintiff No. 1 M/s. Castrol Limited is a Company incorporated under the law of England and carrying on business on a large extensive scale in the manufacture processing and marketing of high grade lubricating oil products in the UK and other countries. Plaintiff No. 2 M/s Castrol India Limited is having its registered office at Bombay and regional office at New Delhi. Plaintiff No. 2 is carrying on business on a large and extensive scale in processing of and trading in high grade automotive and industrial lubricants, greases, brake fluids, wood preservatives and various other speciality of products in India. Plaintiff No. 2 set up its business in 1979. In view of the statutory requirement, plaintiff No. 1 reduced its equity shares capital and plaintiff No. 2 also reduced its equity pursuant to the scheme of amalgamation with Indrol Lubricants & Specialities Pvt. Ltd. The name was changed to Indrol Lubricants and Specialities Ltd. w.e.f. 1.11.90 to the present name-Castrol India Limited.

(2.) It is contended that plaintiff is the registered proprietor in India of several trade marks including the trade mark registered under No. 1496 in Class 4 as of 2 9/06/1942 and the same has been used. The word Castrol or substantial and dominant part thereof forms a prefix. The word Castrol appears in an oblique script across the horizontal member of the portion. Plaintiff No. 2 is also registered proprietor of the trade mark Indrol and the plaintiff has been exclusively advertising their products as Castrol products, the details of the expenditure incurred on advertisements has been given in paragraph 12 of the plaint.

(3.) It is the case of the plaintiff that trade mark Castrol in respect of engine and industrial oils and lubricants, greases has become distinctive and exclusively associated with the goods of the plaintiffs.