CASTROL LTD Vs. SAMPAT LAL

JUDGEMENT

(1.) The plaintiffs (plaintiff nos. 1 and 2) have filed the suit for permanent injunction for infringement of trademark, copy right, passing off and rendition of accounts, and delivery up etc. against the defendants.

(2.) It is pleading that plaintiff no. 1, M/s Castrol limited is a company incorporated under the laws of England and having its registered office in U. K Plaintiff no. 2 M/s Castrol India ltd. is a company registered under the Indian companies Act, 1956, having registered office at Mumbai and regional office at New Delhi. They are carrying on the business of manufacturing, processing and marking of high grade lubricating oil products. Plaintiff no. 1 is the registered proprietor of the trademark Castrol under various categories detailed in para 8 of the plaint. The packing material used by plaintiff has distingive colour scheme, get up, layout and artistic features, and they are owners of the copyright of the artistic works, and have legal and equitable rights to reproduce, publish and distribute any such packing material, as per Section 2 (c) of the Copyright Act, 1957.

(3.) It is pleaded that plaintiffs are extensively advertising their products through various print media, namely, newspapers, magazines, trade journals, leaflets and other promotional literature, depicting the said trademarks. The expenses occurred by plaintiff no. 2 in India on advertising and publicity of the product during the last ten years is stated to be around 42 crores 87 lakhs. It is pleaded that in the month of June 1999. it came to the notice of plaintiffs, through their authorised distributor at Jodhpur, Rajasthan that defendants 1,2.5 and 6 were raided by the police, and cases vide FIR nos. 90/1999, 263/99 and 209/99 were registered against them, for filling and marketing spurious oil. bearing plaintiffs trademarks CASTROL, castrol CRB. CASTROL GTX of the plaintiffs. There are similar allegations against defendants 3 and 4. Copies of seizure memos have been filed. The enquires revealed that defendants were purchasing infringing labels from M/s dimple Printers, Delhi. It is pleaded that Is defendant's adoption and use of the plaintiff trademark, Is fraudulent and accutated with a malafide intention to pass off the lubricants (filled in spurious containers) as genuine and make illegal profits and causing Injury to the reputation and goodwill of the plaintiff.