Castrol Limited v. Varish Sharma and Anr.
Case brief
What is this about?
Castrol Limited trade mark cancellation petition and infringement suit settled and decreed; PROCRXACTIVE7; Registration No. 5082203 Class 4 cancellation by consent; CRXACTIVE Application No. 4142656; ALFA CRX PROTECTIVE 7 Device Application No. 7405690; CASTROL CRB ACTIV CASTROL RX marks and trade dress acknowledged; Order XXIII Rule 3 read with Section 151 CPC compromise decree; Section 16 Court Fees Act 1870 refund with Section 89 CPC; liquidated damages Rs. 20,00,000; costs Rs. 3,50,000; Local Commissioner search and seizure May 17 2025; Contempt of Courts Act 1971 undertaking; Kamlesh Sharma; Varish Sharma; Registrar of Trademarks; Kamlesh Sharma; Delhi High Court 2026.
What did the court decide?
Cancellation petition C.O. (COMM.IPD-TM) 230/2025 disposed of as settled in terms of the settlement agreement, and suit CS(COMM) 472/2025 decreed and disposed of in terms of the recorded settlement: respondent No. 1 acknowledges Castrol's rights in the CASTROL, CRB, ACTIV, ACTIV Device, CASTROL RX and CASTROL RX Device marks and container trade dress and consents to cancellation of Registration No. 5082203 (PROCRXACTIVE7, Class 4) with permanent undertakings against future use; defendants undertake to take down online listings within 45 days, destroy infringing materials within 10 days of the decree (including goods seized by the Local Commissioner on May 17, 2025), and withdraw Trade Mark Applications Nos. 4142656 (CRXACTIVE) and 7405690 (ALFA CRX PROTECTIVE 7 Device) within 10 days; costs of Rs. 3,50,000/- payable by instalments with balance Rs. 1,50,000/- by 28.04.2026; liquidated damages of Rs. 20,00,000/- on breach; refund of court fees; affidavit of compliance within four weeks; fixed dates (30.03.2026 before the Joint Registrar and 07.04.2026 before the Court) cancelled.