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.