(1.) This is a suit for infringement and passing off.
(2.) The petitioner was originally incorporated as Associated Battery Makers (Eastern) Coal Ltd. (presently Exide Industries Limited) and has been traditionally engaged in the manufacture and marketing of lead acid batteries for use in vehicles. The petitioner is a pioneer in such business and has been selling batteries both in India and abroad under the trademark "EXIDE" since the year 1920.
(3.) With the passage of time, the petitioner has become one of the largest Power Storage Solutions Company in South-East Asia. The petitioner has manufacturing locations all over India alongwith numerous dealers and distributors. The petitioner has also diversified from its traditional domain of automotive lead acid batteries and ventured into manufacturing of power storage solutions such as industrial batteries, inverter batteries, generator batteries, integrated power backup systems and other such allied products.