CASTROL LIMITED Vs. ASHWINI VERMA

JUDGEMENT

(1.) This is a suit instituted by the plaintiff seeking for a decree for permanent injunction restraining the defendants, their partners, proprietors, servants, agents and all others acting on their behalf from in fringing the trade mark and copy right of the plaintiff and also restraining the defendants, their servants and agents from passing off the goods of the defendants as that of the plaintiffs and also for damages.

(2.) The plaintiff No. 1 is a Company incorporated under the Law of England and plaintiff No. 2 is a Company incorporated under the Indian Companies Act.

(3.) Plaintiff No. 1 and plaintiff No.2 are carrying on the business of processing and marketing automotive and industrial lubricants and special products. The plaintiff is the registered proprietor in India of several trade marks including the trade mark''CASTROL" which is registered in respect of the industrial oils and greases, hydraulic fluids being oils, lubricants, fuels and illuminant. The plaintiffs have several other trade marks which are specifically stated in paragraph 10 of the plaint.