CASTROL LIMITED Vs. PANNA LAL JAGJIVAN RAM

JUDGEMENT

(1.) THIS is a suit for permanent injunction, infringement of trade mark, copyright, passing off against the defendants in respect of the plaintiffs' trade mark CASTROL. The said mark is the subject matter of several registrations as mentioned in para 9 of the plaint.

(2.) A decree in respect of the defendant Nos. 2 and 6 has already been passed by virtue of the order dated 12.12.2006. Insofar as the defendant No. 4 is concerned, the learned counsel for the plaintiffs submits that he would drop the said defendant for the time being. Therefore, the suit survives only in respect of defendant Nos 3, 7 and 8 who have already been directed to be proceeded with ex parte by virtue of the order dated 29.01.2004

(3.) ACCORDINGLY , a clear cut case of infringement has been made out by the plaintiffs. The defendant Nos 3, 7 and 8 have chosen not to appear in these proceedings or to controvert the same. The copyright has also been infringed inasmuch as the packaging material as well as the design etc. have been copied in toto.