ASTROL deceptively similar to CASTROL: MHC

The Madras High Court restrained a local manufacturer of oil and lubrication products from using the word ASTROL or any other deceptively similar words as their trademark in relation to any of their products to the plaintiff’s trademark CASTROL.

The Court also granted to the plaintiff a sum of INR 10,00,000 (USD 15,000) as compensatory and punitive damages.

Lubricant giant Castrol alleged that defendants infringed their trademark CASTROL by using the mark ASTROL in relation to their oil and lubrication products.

“…this Court is of the view that the trademark used by the first defendant for it’s products, viz. “ASTROL”, is deceptively and phonetically similar to that of the plaintiffs’ registered trademark “CASTROL”, the Court said and granted a perpetual injunction against defendants.

The Court also directed the defendant to surrender to the plaintiff for destruction all goods, containers, cartons, labels, dyes blocks, screen prints, cylinders, bottle caps, other materials, catalogues, product brochures, POP materials, handouts, pamphlets and other stationery materials bearing the offending mark ASTROL and/or any other variants deceptively similar to the plaintiff’s registered trademark.

About DSLegal

A full service international law firm based in New Delhi with an office in Chicago, USA.
This entry was posted in Intellectual Property Law, International Law, patent, patent law, plant varieties Act, trademark, traditional knowledge, TRIPS and tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , . Bookmark the permalink.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s