CASTROL LIMITED Vs. RAJINDER KUMAR GUPTA

JUDGEMENT

(1.) PERMANENT injunction to restrain the Defendants from infringing Plaintiff's registered trademark CASTROL in the field of oils and lubricants etc. and the violation of plaintiff's copyright in the packaging material, etc., passing off, damages and delivery up, is claimed in this suit.

(2.) PLAINTIFF's claims to be international manufacturer and merchants of wide range of products in automotive sector and by virtue of long standing use, publicity of the PLAINTIFF's product under the aforesaid trademark, it is said that the trademark CASTROL has acquired tremendous reputation in India as well as in other parts of the world. During February, 2005, PLAINTIFFs came to know regarding the involvement of the Defendants in counterfiet manufacturing of the oils, lubricants, greases, etc., and of its being sold in the market in duplicate packaging material bearing identical trademark CASTROL and FIR No.120/2005, under Section 63/68 of Copyright Act and under Section 420/487/467 of IPC was got registered in the concerned police station and on 15th February, 2005, the premises of Defendant No. 1 and 4 were raided and in the raid conducted, the police had recovered Defendant's stock of infringing material bearing PLAINTIFF's trademark CASTROL. As per the PLAINTIFF, approximately two truckloads of infringing material were seized by the police and in addition, CASTROL branded duplicate containers/packaging material was also seized. Defendant No.1 is said to be the owner/manufacturer of the counterfeited oils, etc. and Defendant No. 2 to 4 are said to be assisting Defendant No.1 in the illegal activities.

(3.) AT the hearing, Mr. Sushant Singh, learned counsel for the Plaintiff had articulated his submissions and had meticulously referred to the evidence and documents on record and had cited decisions reported in 'Midas Hygiene Industries P. Ltd. and Anr. vs. Sudhir Bhatia and Ors.' 2004 (28) PTC 121 (SC); 'Laxmikant V. Patel vs. Chetanbhat Shah' AIR 2002 SC 275; 'Time Incorporated vs. Lokesh Srivastava and Anr.' 2005 (30) PTC 3 (Del); 'Microsoft Corporation vs. Yogesh Papat and Anr.' 2005 (30) PTC 245 (Del); 'Intel Corporation vs. Dinkaran Nair and Ors.' 2006 (33) PTC 345 Delhi and 'Adidas-Salomon Agreement and Ors. Vs. Jagdish Grover' 2005 (30) PTC 308 (Del).