CASTROL LIMITED Vs. NELLAI OIL AGENCY

JUDGEMENT

(1.) The above suit has been filed for infringement of trademark, infringement of copyright and passing off in respect of the trademarks and Artistic Work of the plaintiffs and for other consequential reliefs.

(2.) The first plaintiff is an internationally renowned company established in the year 1919 and carrying on business of manufacturing and marketing lubricating oil products, auto freezing compounds, hydraulic fluids, brake fluids etc in UK and several other countries including India. It has extensive operations in several countries all over the world.

(3.) The first plaintiff is the registered proprietor in India of several trademarks with CASTROL as prefix and these registrations have been duly renewed and are valid and subsisting as on date. The certified copies of the registration in class 4 are marked as Exs.P3 to P6 respectively. The first plaintiff is the proprietor of the artistic work CASTROL logo with distinctive colour scheme of green and white with red lettering. The plaintiffs are selling automobile oils and lubricants / containers and cartons having the distinctive colour, scheme, get up and layout.