CASTROL LIMITED Vs. A K MEHTA

JUDGEMENT

(1.) By way of the present suit, the plaintiff seeks permanent injunction and damages against the defendants. The plaintiff has also sought a decree for delivery up of all the infringing containers, blocks, dies, wrappers, packing material etc.

(2.) Briefly the facts are that plaintiffs are engaged in processing of and trading in industrial lubricants, greases, brake fluids, wood preservatives, metal cleaning compounds, anti-freezing compounds, hydraulic fluids and like products in India. The plaintiff No. 1 is the registered proprietor of trademark "CASTROL" in respect of oils for heating, lighting and lubricating. The wora Castrol appears in an oblique script across the horizontal member of the white portion. The turnover of the plaintiffs runs into crores. The plaintiffs have also spent a large amount of money on advertising and publicity of Castrol products. The plaintiffs are also selling its products under the mark "Castrol AP-3" in which the plaintiffs also enjoy copyright.

(3.) It is stated that the defendants have adopted and used a similar trade mark Bestrol in respect of Special AP-3 Greases which is similar to Castrol Ball Bearing Greases AP-3 in respect of get-up, layout and colour combination. By adoption and use of the trademark Bestrol and logo of Castrol as well as similar colour combination, get-up, size and features in respect of greases, the defendants have infringed the plaintiffs' trademark and copyright. Thus, the defendants are calculated to cause loss and injury to the plaintiffs' reputation and busines and dilute the distinctiveness of their trademarks and layout of their container.