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Sign up now !Hawkins Cookers Ltd vs M/s Murugan Enterprises
2012 SCC OnLine Del 2118 : (2012) 189 DLT 545 (DB) : (2012) 50 PTC 389
Coram: Division Bench comprising of Hon’ble Justices Pradeep Nandrajog and Siddharth Mridul
Forum: The High Court of Delhi
Case No.: RFA (OS) 09/2008
Date of Decision: April 13, 2012
Conclusion
Facts:
- Hawkins Cookers Ltd, Appellant was the registered proprietor of the trademark ‘HAWKINS’ in respect of pressure cookers and parts including gaskets falling under Class-21 of the Trade and Merchandise Marks Act 1958.
- M/s Murugan Enterprises, Respondent was engaged in manufacturing and selling gaskets under the trademark ‘MAYUR’, which were used for different types of pressure cookers including the pressure cooker manufactured by the Appellant.
- The Appellant found out that the Respondent’s gaskets packaging had the phrase "suitable for" and the term "Pressure Cookers" was printed in black, while the word "Hawkins" was in red, clearly indicating that the emphasis was on drawing attention to the brand name "Hawkins."
- The suit was filed before the Single Judge Bench, but it was ruled that the mention of "Hawkins" was merely to indicate compatibility with Hawkins Pressure Cookers, not implying any affiliation with the Hawkins company.
- This case was an appeal from an order of a Single Judge of the Delhi High Court before the Division Bench of the Delhi High Court.
Background:
- The Single Judge Bench dismissed the appellant's plea, ruling that the use of the word 'Hawkins' was not an infringement. It was determined that the term was merely used to indicate that the Murugan gaskets were suitable for use in 'Hawkins' Pressure Cookers, and did not imply any association of their company with the Hawkins trade.
- Hence, aggrieved by the decision, the Appellant filed an appeal before this court.
Main Issue:
What is the meaning of the words ‘reasonable necessary’ under Section 30(2) (d) of the Trade Marks Act, 1999?
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