CASTROL LIMITED Vs. RAJAN SALES CORPORATION

JUDGEMENT

(1.) The present suit has been filed by the plaintiff praying for decree for permanent injunction restraining the defendants from manufacturing, selling and offering for sale, advertising directly or indirectly dealing in Automotive Filter by passing off their goods as the goods of the plaintiff by using the trademark gTS, Castrol logo and similar colour scheme, get up and lay out thereof and/or from using any other trademark, which is deceptively similar with the trademark of the plaintiff. It is further prayed that a decree for injunction restraining the said defendants from using cartons like Annexure 'X' to the plaint having the same colour scheme, get up, layout as well as from using Castrol logo. The plaintiff further prays for passing of a decree for rendition of accounts and for delivery of infringing material.

(2.) The suit is based upon registered trademark, Copyright and the legal rights available to the plaintiff in common law.

(3.) Plaintiff No. 1 is a limited company incorporated under the laws of England and having its registered office at Burmah House, Pipers Way, Swidon, Wiltshire SN3 1RE, U.K. Plaintiff No. 2 again is a company duly incorporated under the provisions of Indian Companies Act, 1956 and having its registered office at New Delhi. Mr. Murlidhar Balasubramaniam is the constituted attorney of the plaintiffs and is duly authorised to sign and verify the plaint and to institute present proceedings on behalf of the plaintiffs.