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2011 Supreme(Del) 1087

MANMOHAN SINGH
ECOLAB INC – Appellant
Versus
EACO LABS LTD – Respondent


Advocates:
Advocate Appeared:
For the Appellants : S.K. Bansal, Ajay Amitabh Suman, Harsh Vardhan.

JUDGMENT :

Manmohan Singh, J.

1. This is a suit u/s 134 and 135 of the Trade Marks Act, 1999 for permanent injunction to restrain infringement, passing off, damages and rendition of account.

CASE OF THE PLAINTIFF AS PER PLAINT

2. The plaintiff is a corporation under the Laws of United States of America. It was incorporated in the year 1924 with the name and style of Economic Laboratory and in the year 1986 it was changed to M/s Ecolab Inc. Mr. Edward R. Courtney, Trademark Attorney is the authorized signatory.

3. The plaintiff is into a business of manufacture and trade of premium cleaning, pest elimination and repair products having wide application in the hospitality, food service, healthcare and industrial markets and other areas as well.

4. Apart from the above services the plaintiff manufactures and markets numerous products which include detergents, instruments care, skin care, surgical scrub, surface disinfectants and other things.

5. Since 1924, the plaintiff has been engaged in the said business. In year 1986 the plaintiff bonafidely adopted and changed its name or word mark

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