CASTROL LIMITED Vs. SUBHASH KAPOOR

JUDGEMENT

(1.) This is a suit for permanent injunction arising out of infringement of trade mark and passing off. Though initially the relief of rendition of accounts of profits and delivery was also sought but it has now been given up. The case of the plaintiff is based on the following premise:-

(2.) That the plaintiff no.2 is engaged in the business of 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 also the registered proprietor of the trade mark INDROL registered under Clause 4 in respect of Hydraulic fluids and others. Similarly the logo of the plaintiff is also registered. The annual turn over of the goods sold by plaintiff no.2 during the period 1983 to 1992 has been shown in para 10 of the plaint.

(3.) Some time in December, 1993 the plaintiffs came to know that the trade mark INDOL is being used by the defendants. The get up, lay out and colour combination of both the Castrol Crimson Container and the INDROL green container have been extensively advertised and depicted in colour in the various printed media.