Plaintiffs filed an original suit seeking injunctions and damages for trademark and copyright infringement. The plaintiffs voluntarily withdrew the suit mid-trip without citing specific issues or passing judgment on merit.
Suit dismissed as withdrawn by the plaintiffs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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 J U D G M E N T 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
kkn 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
kkn
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C.S.No.733 of 2005
R.SUBRAMANIAN, J.
KKN
C.S.No.733 of 2005
29.07.2021
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4 provisions across 4 enactments
Castrol Limited
Castrol India Limited
Goel Traders
Nilesh Agarwal
R.Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
R.Subramanian
Parties & counsel
