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1994 Supreme(Cal) 269

Ruma Pal
Castrol India Ltd – Appellant
Versus
Tide Water Oil Co. (I) Ltd – Respondent


Advocates Appeared:
Gautam Chakraborty, Ajay Gupta, P.K. Ray, P.K. Ghosh

Judgment

1. IN this application the petitioner has asked for protective orders relating to the petitioner's copyright in a registered design. The design is in respect of a container. The design has been registered under the Designs Act, 1911 (hereinafter referred to as the 1911 Act). It is the petitioner's case that it had developed a non-metallic container having a unique, novel and distinctive shape and configuration which is the design in question. It is said that the design was developed after considerable research and expenditure by the petitioner. The petitioner states that since December, 1991 the petitioner had been selling premium brand motor oil in the specially designed container. It is said that the petitioner incurred substantial expenditure in promoting the product in those containers. It is further said that the specially designed containers were exclusively associated with the petitioner's product. The petitioner's grievance is that the respondent no. 1 has been wrongfully manufacturing and using the registered design of the petitioner in respect of container in which the respondent no.1 was selling automotive lubricants. The respondent no. 2 is the selling agent/dis




































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