CASTROL LIMITED vs KAPIL & ANR.

Judgment text excerpt

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 18th February, 2025 + CS(COMM) 532/2024 & I.A. 31989/2024 CASTROL LIMITED .....Plaintiff Through: Mr. Urfee Roomi, Mr. Jaskaran Singh & Ms. Vanshika Bansal, Advocates (M-9811600017) versus KAPIL & ANR. .....Defendants Through: Mr. Kartik Jain, Advocate for D-1. Mr. Deep Chand and Ms. Susheela Prajapat, Advocates for D-2. CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA MINI PUSHKARNA, J (ORAL) 1. The present suit has been filed seeking permanent injunction against the defendants and their related parties from manufacturing, selling, advertising & exporting any products, i.e. engine oils, coolants, gear oils lubricants bearing the marks, ACTIV, ACTIBOND, and packaging, along with Signature Not Verified Digitally Signed CS(COMM) 532/2024 Page 1 of 30 By:AMAN UNIYAL Signing Date:24.02.2025 20:11:29 anything that is deceptively similar to the said marks and packaging of the plaintiff. 2. This Court notes that an ex-parte ad-interim injunction has already been granted in favour of the plaintiff vide this Court‟s order dated 02nd July, 2024, whereby, the defendants were restrained from dealing in any manner with any engine oils, coolants, gear oils, etc., with the infringing marks/packaging or any other similar/identical marks/packaging as that of the plaintiff. 3. This Court also notes that no written statements have been filed on behalf of defendant nos. 1 and 2, despite lapse of statutory period. Accordingly, this Court vide order dated 10th February, 2025, proceeded under Order VIII Rule 10 of the Code of Civil Procedure, 1908 (“CPC”) against the defendants. Further, the said order also recorded the request on behalf of the defendants that they may be granted some time with respect to payment of costs/damages. 4.