Delhi HC Rules In Favor Of Castrol In Trademark Infringement Suit, Says Compromise In Product Quality Can Adversely Affect Customers

Case: CASTROL LIMITED & ANR. v. VOLTRANIC INDIA LUBRICANTS & ORS.

Coram: Justice Prathiba M Singh

Case No.: CS(COMM) 18/2020

Court Observation: “The copying of so many marks, labels, packaging and containers is a deliberate act on behalf of the Defendants to gain monetarily by selling counterfeit products. Clearly, the present is a case of counterfeiting of lubricants, greases and oils which are used in automobiles and any compromise in the quality of such products could be having adverse consequences upon the customers,” 

“After having perused the application, the Court is clear that there is no justifiable cause to set aside the ex parte order. Ld. counsel for the Defendants, Mr. Gupta, ld. Counsel for the Defendants has continued to appear on many occasions but no written statement has been filed. However, since the Defendants are willing to suffer a decree and pay some costs, the said order is set aside,”

“Subject to the above amount being paid, no further damages or costs are being pressed by the Plaintiff. However, if the said amount is not paid, the Plaintiffs are free to seek restoration of the present suit for the purposes of claiming damages/rendition of accounts,”

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Keywords

Delhi HC Rules In Favor