CASTROL LIMITED Vs. SUBHASH KAPOOR

JUDGEMENT

(1.) The plaintiffs M/s. Castrol Ltd., U.K. and Castrol India Ltd..Bombay and New Delhi have filed this suit for permanent injunction restraining infringement of trade mark, passing-off, rendition of accounts etc.

(2.) . On 10.5.1994, the Court has issued an adinterim injunction restraining the defendants from using the words INDOL in connection with wheel bearing grease and multi purpose grease, and 'INDEROIL' in connection with brake fluids. The defendants have sought for vacating the injunction order.

(3.) . According to the plaintiffs, the plaintiff No.l is the registered proprietor in India of several trade marks including the trade mark 'CASTROL'. The plaintiff No. 2 is the registered proprietor of several trade marks bearing the name INDROL. The relevant registered trade marks are:- (a) Trade mark Indrol registered under No. 400575 as of 27.1.1983 in respondent of Hydraulic fluids (not being oils) antifreeze preparations influid form, chemical products, catalysts, anti-oxidants, damp resisting and water proofing compounds, adhesives, solvents, degreasing preparations, emulsifying preparations, detergents, descaling and desludiging preparations all for use in industrial and manufacturing processess, fire extinguishing compositions. (b) Trade mark INDROL registered under No. 400578 as of 27th January, 1983 in class 4 in respect of Industrial oils and grease (other than edible oils, fats and essential oils) Hydraulic fluids being oils, lubricants, fuels and illuminants. 149 (c) The trade mark INDROL MONOGRAM registered under No. 419423 as of 21st March, 1984 in class I in respect of Hydraulic fluids (not being oils) anti-freeze preparations in fluid (not being oils) anti-freeze. preparations in fluid form, chemical products, catalysts, antioxidants, camp resisting and water proofing compounds adhesives solvents, degreasing preparations, emulsifying preparations, detergents, descaling and desludging preparations, all for use in industrial and manufacturing processes, fire extinguishing compositions. (d) Trade mark 'INDROL MONOGRAM' registered under No. 419426 as of 21st March, 1984 in class 4 in respect of Industrial oils and greases (other than edible oils, fats and essential oils), Hydraulic fluidsbeing oils, lubricants, fuels and illuminants.