Intellectual Property Law

Does EKOLAB for Clothing Infringe ECOLAB for Pest Control Services?

By Michael Atkins

Screen shot featuring one of Helly Hansen’s
EKOLAB-branded shirts above; Ecolab’s ECOLAB mark below

On April 14, Helly Hansen (U.S.) Inc., filed suit in the Western District against Ecolab USA, Inc., seeking a declaration that its use of EKOLAB does not infringe Ecolab’s rights in its ECOLAB registered trademark.

The complaint states Helly Hansen makes outdoor sports apparel. It states Ecolab makes industrial sanitation products, including “insect, rodent and pest extermination and control services,” and “fungicides, bactericides, and germicides.”

The complaint alleges Helly’s mark is adapted from Norwegian words meaning “ecological laboratory.” It says the suit follows a letter Ecolab sent Helly in February saying that Helly’s EKOLAB product line was infringing Ecolab’s trademark and requesting that Helly stop using the mark.

Ecolab has not yet answered the complaint.

The case cite is Helly Hansen (U.S.) Inc. v. Ecolab USA, Inc., No. 10-00632 (W.D. Wash.).

Full post as published by Seattle Trademark Lawyer on April 21, 2010 (boomark / email).