In a dispute between Castrol Limited (“Castrol”) and Vivek Sen, trading as Tridev Auto Parts, along with another defendant, the Delhi High Court granted a permanent injunction and damages in favor of Castrol. The Court restrained the defendants from infringing Castrol’s trademark and copyright, passing off their products, and using packaging deceptively similar to Castrol’s.
Castrol, part of the British Petroleum group, alleged that the defendants marketed lubricants under the marks “CRISTOL ACTIV” and “CRISTOL,” closely resembling Castrol’s trademarks “CASTROL” and “ACTIV.” The Court found the defendants’ use of similar marks and packaging, including color schemes and structural layouts, to be a deliberate attempt to mislead consumers. Evidence included the seizure of 1,082 counterfeit bottles and 261 infringing bottles during an inspection by a Local Commissioner.
Despite being served notices the defendants did not appear or contest the suit. Consequently, the Court deemed the allegations admitted under Order VIII Rule 10 of the Code of Civil Procedure, 1908. The Court held that the defendants’ actions amounted to trademark and copyright infringement and passing off, capitalizing on Castrol’s goodwill.
The judgment also referenced the defendant’s failure to participate in proceedings as indicative of culpability, justifying punitive damages. Castrol was awarded Rs. 7,00,000/- as damages and costs in addition to the permanent injunction.
Citation: Castrol Ltd. v. Vivek Sen, CS(COMM) 32/2024 (H.C. Del. Nov. 27, 2024). Available at: https://indiankanoon.org/doc/54605604/
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