CASTROL LIMITED Vs. GULSHAN KUMAR

JUDGEMENT

(1.) -The plaintiff has filed a suit for permanent injunction infringement of copyright trademark passing off, damages, rendition of accounts and delivery up and unfair trade practices, etc. against the defendants.

(2.) The plaintiff No. 1 company is incorporated under the laws of England having extensive business in the manufacture, processing and marketing of high grade lubricating oil products in United Kingdom and several countries all over the world. Plaintiff No. 2 is a company incorporated under the Companies Act, 1956 and was set up on 31.5.1979 with the object of process of marketing high grade automative and industrial lubricants and speciality products. The object of plaintiff No. 2 was also to take over the entire operations of the Indian branch of plaintiff No. 1 in India.

(3.) Plaintiff No. 1 is the registered proprietor in India of several trademarks including the trademark CASTROL registered in No. 1494 in Class 4 as of 29.6.1942 in respect of oils for heating, lighting and lubricating. The trademark label containing the logo as CASTROL is also registered in India under No. 260626 dated 17.11.1969. Trademark CASTROL CRB in Class 4 under No. 421424 is registered in the name of plaintiff No. 1 as of 4.5.1984.