CASTROL LIMITED Vs. TELEGANGANA ENTERPRISES

JUDGEMENT

(1.) ORIGINAL Applications Nos. 4 to 6 of 2000 are filed by the applicants/plaintiffs for ad interim injunction restraining the respondents and their men from in any manner infringing the applicants' registered trade marks CASTROL, CASTROL GTS, CASTROL CRB and CASTROL LOGO by use of Trade Marks identical or deceptively similar, interim injunction restraining them from in any manner passing off or enabling others to pass off the respondents' lubricants oils and greases and for the applicants products and also interim injunction restraining them from in any manner infringing the applicants' copyright in the Artistic Work Castrol Logo by reproduction of an identical logo or any logo which is a substantial reproduction of applicants' Castrol Logo and from infringing the applicants' copyright in the Artistic work, etc.

(2.) APPLICATION No. 36 of 2000 has been filed by the applicants to appoint an Advocate Commissioner to visit the premises of respondents 1 to 9, their relations or any of them and to seize and take into actual physical custody of the articles. APPLICATION No. 37 of 2000 has been filed by the applicants seeking permission to combine causes of action in respect of passing off infringement of trade mark and also infringement of copyright. APPLICATION No. 500/2000 has been filed by the 1st defendant to reject the plaint, APPLICATION No. 501/2000 has been filed to revoke the order in A. No. 37/2000 granting permission to combine the cause of action, APPLICATIONs No. 502 to 504 of 2000 have been filed to suspend the order of interim injunction granted in O.As. No. 5/2000, 6/2000 and 4/2000 respectively.

(3.) THE points that arise for consideration are for the (1) Whether the applicants/plaintiffs have got prima facie case and the balance of convenience is in their favour " (2) Whether there are any valid and sufficient cause to suspend the order of interim injunction granted in O.As. 4 to 6 of 2000 dated 7-1-2000 " (3) Whether there are any valid grounds to reject the plaint " (4) Whether the order passed in A. No. 37/2000 is liable to be revoked " Points : THE first applicant is carrying on business of manufacturing processing and marketing of high grade lubricating oil products, anti-freezing compounds, hydraulic fluids, brake fluids, etc. in United Kingdom and other countries including India. THE 2nd applicant was established on 31-5-1979 with modern machineries to manufacture various lubricants and oils conforming to the International Standard. THEir products enjoy great reputation and goodwill all over India. THE first applicant is the registered proprietor of several trade marks, especially trade mark Castrol and a series of marks having Castrol as the prefix.