Case Law Details
Castrol Limited Vs Rajesh Kumar Tuteja (Delhi High Court)
Introduction: In a significant trademark infringement case, the Delhi High Court has awarded ₹12 lakhs to Castrol Limited in its dispute against ‘Newcast Roi Racing.’ Despite a valid registration, the defendants engaged in deceptive practices, manipulating their mark’s presentation. This article provides a detailed analysis of the judgment, outlining the court’s findings, the deceptive strategies employed, and the legal consequences.
Detailed Analysis: The case revolves around the defendants’ deceptive use of the mark “new cast roi racing” despite holding a valid registration. The defendants strategically altered the typography, creating a deceptive similarity with Castrol’s renowned “CASTROL” mark. Recognizing the infringement’s gravity, a separate order for registration cancellation has been issued.
Due to the defendants’ delayed written statement, filed beyond the condonable limit, the court declined to take it on record. With the defendants having no defense, the plaintiff sought a decree under Order VIII Rule 10 of the Code of Civil Procedure, 1908.
Castrol, a member of the BP group, emphasized its extensive trademark history globally since 1909. The plaintiff holds exclusive rights to various trademarks, including “CASTROL” and distinctive device marks. The defendants, despite claims of innocent adoption, engaged in deceptive practices, intentionally creating confusion with the plaintiff’s mark.
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