JUDGMENT :

Madan B. Lokur, J.

The plaintiff is a Corporation incorporated in the United States of America. It claims to carry on an old established business of manufacturing and/or trading in a wide range of air-conditioners, split air-conditioners, de-humidifiers, air-conditioning machinery, etc. It says that its products are manufactured and sold under the trademark Fedders, which is extremely popular in the United States of America and also in other countries of the world.

2. On 21st May, 1956 the predecessor-in-interest of the plaintiff, Fedders-Quigan Corporation entered into an agreement with Lloyd Electric and Engineering Company (LEECO) described as a co-partnership consisting of Pandit Kanhaiya Lal Punj and Suraj Prakash.

3. In terms of the agreement, the plaintiff agreed to grant to LEECO the sole and exclusive right and license for a period of five years from 30th June, 1956 to assemble, manufacture and sell room air-conditioners manufactured by or incorporating parts manufactured or sold by the plaintiff under its trade name and label.

4. One of the clauses of the agreement stipulated quite clearly that the parties understand and agree that the trade name and label Fedders i