CASTROL LIMITED Vs. MAHENDRA AUTOMOBILES

JUDGEMENT

(1.) The plaintiffs have filed the suit for permanent injunction for restraining infringement of trademark, copyright, passing off and damages against the defendant with respect to plaintiff's trademarks CASTROL, CASTROL CRB PLUS and CASTROL EXTREME PRESSURE GEAR OIL 90 EP.

(2.) Plaintiff No.1 is carrying on the business of manufacture, processing and marketing of high grade lubricating oil products in United Kingdom and in several other countries all over the world. Plaintiff No.2 is carrying on the aforesaid business in India.

(3.) Plaintiff No.1 is the proprietor of the trademark CASTROL bearing registration No.1494 in Class 4 registered on 29 th June, 1942 in respect of oils for heating, lighting and lubricating. The trademark CASTROL is also registered under registration No.260626 dated 17 th November, 1969 in respect of industrial oils and greases (other than edible oils, fats and essential oils) hydraulic fluids being oils, lubricants, fuels and illuminants. It has a distinctive logo comprising a solid coloured circle across which is an irregularly shaped white portion occupying about one half of the total area of the mark. The trademark CASTROL CRB is registered in class 4 as No.421424 as of May 4, 1984 in the name of plaintiff No.1 in respect of industrial oils and greases (other than edible oils, fats and essential oils) and lubricants and fuels (including motor spirit) claiming to be the user since 1960. All the aforesaid trademarks have been renewed from time to time and are subsisting.