Delhi High Court Grants Interim Relief To Castrol Over '3X Protection' Trademark On Engine Oil Packaging

Justice Tejas Karia observed that Castrol has made out a prima facie case in its favour that the threats issued by the Defendants are unjustifiable.

“Defendants have already had a seizure effected by the Nashik police at the premises of the Plaintiff's authorized distributor, and considering that the Defendants have also had published a notice in newspapers threatening persons from using the 3X Marks, which are used by the Plaintiff, the Plaintiff has a real threat of facing a groundless infringement proceedings initiated by the Defendants regarding the Plaintiff's use of the 3X marks,” it observed.

Defendant asserts rights on '3P' Marks covering goods in Class 4 (Industrial Oils and Greases, Lubricants, Fuels, and Illuminants).

Castrol Ltd moved the High Court following threats of legal proceedings in relation to use of marks '3X', '3X PROTECTION', '3XCLEAN' and '3 IN 1 FORMULA', which the company claims as part of its original Trade Dress.

The company alleged that the Defendant had, acting in collusion with the Police, illegally seized large amounts of its “non-infringing” engine oil and lubricants from its authorized distributor.

It claims that the 3X Marks are wholly dissimilar from the Defendant's 3P Marks and the allegation of infringement stems only from the common numeral “3” between the rival Marks.

“The use of the number 3 cannot, by itself, constitute the basis for Copyright Infringement. The Defendants cannot assert exclusive rights over the number 3. A comparison of the Plaintiff's 3X PROTECTION Mark and the Defendants' 3P Mark also exemplifies that the rival marks are completely dissimilar,” it was argued.

Following which, the Court issued summons in the suit and granted interim protection to Castrol till the next date of hearing, i.e. December 09.

Appearance: Mr. Urfee Roomi, Ms. Janaki Arun, Mr. Jaskaran Singh & Mr. Arpit Singhal, Advocates for Plaintiff

Case title: Castrol Limited v. Sanjay Sonavane

Citation: 2025 LiveLaw (Del) 1061

Case no.: CS(COMM) 855/2025

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