Madras High Court
Castrol Limited vs Goel Traders on 29 July, 2021
C.S.No.733 of 2005
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.733 of 2005
1.Castrol Limited,
Burmah Castrol House,
Pipers Way, Swindon,
Wiltshire, SN3 1RE,
United Kingdom,
Rep by its Constituted Attorney
Mr.Murlidhar Balasubramanian.
2.Castrol India Limited,
781-785 Rayala Towers, V Floor,
Anna Salai, Chennai – 600 003, India.
Rep by its Constituted Attorney
Mr.Murlidhar Balasubramanian. ...Plaintiffs
Vs.
1.Goel Traders,
15-9-148, Maharajgunj,
Near Ganesh Temple,
Hyderabad – 500 012.
2.Nilesh Agarwal,
Trading as Goel Traders,
15-9-149, Maharajgunj,
Near Ganesh Temple,
Hyderabad – 500 012. ...Defendants
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C.S.No.733 of 2005
Prayer: Plaint filed under Order VII Rule 1 of Code of Civil Procedure and
Order IV Rule 1 of O.S Rules read with Sections 27, 28, 29, 134 & 135 of
the Trademarks Act, 1999 & Sections 51, 55 and 62 of Copyright Act, 1957,
praying as follows:-
a) granting a permanent injunction restraining the defendants by
themselves, their proprietor/partners as the case may be, heirs, legal
representatives, successors-in-business, assigns, servants, agents, dealers,
distributors, stockists, representatives or any of them from in any manner
infringing the plaintiff's registered trademarks SGR 3 and SGR 4 labels by
using identical graphic label in their ANG carton or any other graphic label
which is identical to or similar to the plaintiff's registered trademark or in
any other manner whatsoever;
b) granting a permanent injunction restraining the defendants by
themselves, their proprietor/partners as the case may be, heirs, legal
representatives, successors-in-business, assigns, servants, agents, dealers,
distributors, stockists, representatives or any of them from in any manner
passing off or enabling others to pass off the defendants' gear oil under the
trademark ANG as and for the plaintiff's products by use of an identical
colour scheme, get up and layout of red, green and white or any
carton/container with or without the Supergraphix label, which is similar to
plaintiffs' CASTROL CRB PLUS carton and other products of the same
colour scheme or in any other manner whatsoever;
c) a permanent injunction restraining the defendants by
themselves, their proprietor/partners as the case may be, heirs, legal
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C.S.No.733 of 2005
representatives, successors-in-business, assigns, servants, agents, dealers,
distributors, stockists, representatives or any of them from and in any
manner infringing the plaintiff's copyright in the Artistic work CASTROL
CRB PLUS carton/container with colour scheme of red, green and white by
use of an identical colour scheme of red, green and white for their ANG
carton/container or by use of any other pouch, carton/container with or
without the Supergraphix label, which is a substantial reproduction of
plaintiff's artistic work CASTROL CRB PLUS carton/container with
distinctive colour scheme of red, green and white, get up and lay out;
d) directing the defendants be directed to surrender to plaintiffs for
destruction all rolla packs, containers, rolla packs, labels, prints, blocks,
dyes, plates, moulds and other material bearing the colour scheme of red,
green and white, which is similar to plaintiffs' CASTROL CRB PLUS
carton/container with colour scheme of red, green and white;
e) a preliminary decree in favour of the plaintiffs directing the
defendants to render their account of profits made by use of ANG
carton/container with colour scheme of red, green and white which are
similar to plaintiff's artistic work CASTROL CRB PLUS carton/container
with colour scheme of red, green and white and a final decree be passed in
favour of the plaintiffs for the amount of profits thus found to have been
made by the defendants after the latter have rendered accounts;
f) the defendants be ordered to pay to the plaintiffs a sum of
Rs.10,05,000/- as damages for committing acts of infringement of
trademark, infringement of Copyright and passing off;
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C.S.No.733 of 2005
g) for cots of the suit and
h) pass such further or other reliefs as this court may deem fit and
necessary in the circumstances of the case and thereby render justice.
For Plaintiff : Mr.Rahul M.Shankar for
Mr.Arun C. Mohan
For Defendants : Set exparte
JUDGMENT
Mr.Rahul M.Shankar, learned counsel appearing for the plaintiff
would submit that he has got instructions to withdraw the suit. A
memorandum has also been filed to that effect.
2.Recording the said statement, this suit is dismissed as
withdrawn. No costs. Liberty is reserved, if there is a fresh cause of action.
29.07.2021
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Internet:Yes
Index:No
Non-speaking
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C.S.No.733 of 2005
List of witness and documents filed on the side of the plaintiffs:
Nil
List of witness and documents filed on the side of the defendants:
Nil
29.07.2021
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C.S.No.733 of 2005
R.SUBRAMANIAN, J.
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C.S.No.733 of 2005
29.07.2021
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