Hc Passes Order In Favour Of Castrol

The Delhi High Court has granted an ex parte ad interim injunction against counterfeit brake oil in favour of Castrol.

Counsel for Castrol Man Mohan Singh submitted that Castrol Ltd is the registered owner of the trade mark, Castrol, in respect of oils for heating, lighting and lubricating. Castrol was registered as a trade mark in India on Novem-ber 17, 1969 for industrial oils and greases and hydraulic fluids. It has its own distinctive logo.

Castrol Ltd was the first to design the plastic container for its Castrol universal brake fluid with its distinctive shape and design on the container. Singh submitted that the said design of the plastic container was duly registered under the Design Act, 1911.

The container for Castrol universal brake fluid comprises a unique colour combination of maroon, white and orange, said Singh.

Singh submitted before Justice Manmohan Sarin that in June 2001, Castrol noticed that Hindustan Grease was selling Auto Man universal brake fluid in a maroon plastic container similar to that marketed by Castrol. The container also carried the distinctive features of Castrol