CASTROL LIMITED Vs. O MURALI DHAR REDDY

JUDGEMENT

(1.) THESE applications are filed by the applicants under Order XIV Rule 8 of Original Side Rules read with Order XXXIX Rules 1 and 2 of Civil Procedure Code, to grant interim injunction restraining the respondents and their men from in any manner passing off or enabling others to pass off the respondents' greases and other products as and for the applicants' greases and other goods by use of the NOBLE containers having a colour scheme of red, green and white or any container which is similar to applicants' CASTROL containers and also interim injunction restraining the respondents and their men from in any manner infringing the applicants' copyright in the artistic work CASTROL containers with colour scheme of red, green and white by use of NOBLE containers having an identical colour scheme.

(2.) THE case in brief for disposal of these applications is as follows : THE first applicant is carrying on business of manufacturing and marketing of high grade lubricating oil products, anti-freezing compounds, hydraulic fluids, brake fluids, de-watering fluids etc., in United Kingdom and several other countries all over the world including India. THE first applicant, who commenced its business activity in India in 1919 in a different name, which was changed into CASTROL LIMITED in 1960. It operated with its head office at Bombay and four regional offices in Bombay, Calcutta, Delhi and Chennai. THE second applicant was established on 31.5.1979 with an object of processing and marketing high grade automotive and industrial lubricants and other speciality products. THE 2nd applicant has established factories with modern machineries to manufacture various lubricants and oils conforming to the International Standard prescribed by the 1st applicant. THE 2nd applicant and its predecessors-in-title have been carrying on business on a wide and extensive scale all over India. THE first applicant is the registered proprietor in India of several trade marks especially trade mark CASTROL and a series of marks having CASTROL as the prefix. THE trade mark CASTROL registered under No. 1494 in Class 4 as of 29th June, 1942. All the registrations are Part 'A' registrations, more than 7 years old.

(3.) HEARD the learned counsel of both sides.