VASU CHEMICALS Vs. PEST CONTROL INDIA PVT LTD

JUDGEMENT

(1.) This is an action for infringement and passing of in respect of the Plaintiffs' trade mark "ALGINOL" used in respect of fungicides and algicides. The mark has been registered for goods under Class V with the Registrar of Trade Marks, Bombay. In addition to the usual reliefs to protect the mark and to prevent the infringement and passing off thereof the Plaintiffs have also sought a decree in the sum of Rs. 10,00,000/-by way of damages and in the alternative for an order directing the Defendants to submit the accounts of their dealings in respect of the goods of the above description under the trade mark "ALGINOL" or in any other name to show the profits earned by them in their dealings in such goods. The Plaintiffs have also sought an order for the accounts and for a decree for such amounts as may be found due on taking accounts for such profits earned by the Defendants.

(2.) The Plaintiffs have settled the suit with Defendant No. 1 in terms of the consent terms dated 1.9.2004 which were marked in evidence as P-3. The reference in this judgment to the Defendants therefore is restricted to Defendant Nos. 2 and 3 viz. Envirochem Systems and one Satish Bhadri, unless otherwise specified.

(3.) The Plaintiffs are manufacturers inter-alia of fungicides and algicides. Prior to September, 1974, the Plaintiffs developed the chemical formulation which is an effective industrial microbicide for cooling the water which the Plaintiffs commenced marketing under the trade mark "ALGINOL" . The containers of the said product manufactured by the Plaintiffs are marked with the trade mark "Alginol-L" or "Alginol-S" for liquid and solid form.