CASTROL LIMITED Vs. MUKESH KUMAR

JUDGEMENT

(1.) The present suit has been filed by the plaintiff inter alia stating that plaintiff No. 1 Castrol Limited was a Company incorporated under the laws of England. Plaintiff No. 2 is a company incorporated under the Indian Companies Act, 1956. Plaintiff No. 2 is carrying on business in processing and trading in high grade automotive and industrial lubricants, greases, brake fluids, wood preservatives, metal cleaning compounds and various speciality products in India. It is the stand of the plaintiff that plaintiff No. 1 commenced its activities in India in the year 1919. On 31/05/1979 the plaintiff No. 2 was set up and in December, 1982 Indrol Lubricants and Specialities Pvt. Ltd., in view of amalgamation between Indrol Lubricants and plaintiff No. 1 M/s Castrol Limited became a public limited company and the name was changed from 1/01/1990 as M/s Castrol India Limited. The plaintiff No. 1 has got Trade Mark 'Castrol' registered in India on 17.11.1969 in respect of industrial oils and greases, hydraulic fluids being oils, lubricants, fuels and illuminant as a distinctive logo comprising a solid coloured circle across which is an irregularly shaped white portion.

(2.) It is contended that trade mark Castrol is dominant in automotive sector the details of which have been given at page 9 of the plaint and the packing materials used by the plaintiff are in the carton pouch plastic and tin containers and have distinctive colour, get up, layout and artistic features and the said packing materials are artistic work covered under Section 2(c) of the Copyright Act, 1957. Plaintiff has given the turn over in para 11 of the plaint, the expenditure incurred at advertising has been given in para 14. of the plaint.

(3.) It is the case of the plaintiff that in 1998, the plaintiff came to know that the defendants are manufacturing and supplying the plastic container in the trade mark, logo Castrol as well as Castrol printing labels under the trade Mark Castrol CRB PLUS. The defendants are supplying the plastic containers under the trade mark, logo of Castrol as well as printed labels for Castrol CRB PLUS and thereby infringing the registered trade mark of the plaintiff.