Ecolab USA Inc. (the "Plaintiff") was partially
successful in establishing infringement, depreciation of goodwill,
and passing off of its registered trademark ECOLAB by 2431717
Ontario Inc., which carried on business under the name 3D Eco
Chemical Labs Canada (the "Defendant"). The Defendant had
used a series of trade names and trademarks that included 3D ECO
LAB, 3D ECO LABS, 3D ECO CHEMICAL LABS CANADA, 3D ECO CHEMICALS
LABS CANADA, and a design mark comprising 3D ECO CHEMICAL LABS
CANADA. Both the Plaintiff and the Defendant sold cleaning and
disinfecting products.
The Defendant failed to file a Statement of Defence or any other
documents in the proceeding.
The Court held that the Plaintiff had provided sufficient
evidence to establish infringement, passing off, and depreciation
of goodwill of its registered trademark in relation to the
Defendant's use of the marks 3D ECO LAB and 3D ECO LABS, but
not with respect to the other trademarks and trade names used
