1. The plaintiff has filed the suit for permanent injunction restraining infringement of trade mark, passing off, unfair competition, rendition of accounts, dilution, delivery up, damages etc. against the defendants.
2. The plaintiff claims that it is a company incorporated and existing under the laws of State of Delaware, having its principal place of business at 101 Columbia Road, Morristown, New Jersey 07962, USA.
2.1. The plaintiff traces its origins to the year 1885 and with the invention of the 'damper flapper', which was an ingenious predecessor to the modem thermostat. The plaintiff is listed as a Fortune 100 Company as well as a Global Fortune 500 company.
2.2. The plaintiff is a highly successful and immensely reputed company across the world with estimated business revenue of USD 39 billion and employee strength of about 132,000 staff in around 68 countries across the world. The plaintiff is a component of the Standard and Poor's 500 Index. Its shares are traded on the New York Stock Exchange under the symbol HON (acronym for HONEYWELL), as well as on the London, Chicago and Pacific Stock Exchange. The plaintiff's business operations consist of four primary segments namely, "Aerospace", "Automation and Control Solutions", "Performance Materials and Technologies", and "Transportation Systems".
2.3. The plaintiff carries on its business in India inter alia through Honeywell International India Private Limited which is a wholly owned subsidiary of the plaintiff and was established in 1995. It is stated that Honeywell International India Private Limited is a multi-business company with various strategic business units operating out of this entity and employs roughly 13,000 staff in India, including its employees, consultants and contractors.
2.4. Adoption of the trademark Honeywell by the plaintiff:
The plaintiff's history can be traced back to 1885 and the trademark Honeywell was first adopted in the year 1906. It is stated that the trademark Honeywell is derived from the name of a founder of the plaintiff, Mark Honeywell, who in 1906 formed the Honeywell Heating Specialty Co., the plaintiff's predecessor in title.
The plaintiff's trademark Honeywell is an arbitrary mark, having neither any meaning in the common parlance nor any specific meaning particular to the trade except denoting the plaintiff's goods and services. The consumers across the world associate the trademark Honeywell exclusively with the plaintiff. It is further stated that since the mark Honeywell has been derived from the plaintiff's founder, there can be no basis of adoption of the said mark by any other entity.
2.5. The plaintiff's trademark Honeywell over the course of 100 years has gathered immense reputation and goodwill across the world. It is submitted that since the adoption of the trademark Honeywell, the said trademark has been used continuously and extensively by the plaintiff and today the plaintiff offers varied goods and services under the trademark Honeywell in over 120 countries including India. The plaintiff's trademark Honeywell is associated with its vision and core ideology of ensuring a secure, comfortable and more efficient future and its belief in the power of innovation and continuous improvement.
2.6. The plaintiff also maintains its own websites inter alia http://honeywell.com/Pages/Home.aspx and http://www.honeywell.com/sites/india thereby making use of its trademark and trade name Honeywell. The plaintiff's websites are freely accessible to persons across the world and have served in making persons aware of the high quality products sold under the Honeywell trade mark of the plaintiff. In addition, the plaintiff owns over 800 domain names incorporating its Honeywell name and mark.
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