Delhi High Court- Hawkins cookers limited v. M/s Murugan Enterprises

The Plaintiff is manufacture of pressure cookers and parts thereof under the trademark "HAWKINS" for the last 30 years. The Plaintiff came to know that the Defendant was using the trademark HAWKINS/Hawkins in respect of parts of pressure cooker and therefore, served a Cease and Desist Notice on the Defendant. However, as the Defendant did not pay any heed to the same, the Plaintiff instituted suit for permanent injunction restraining infringement of trademark, passing off, delivery up and rendition of accounts etc. against the sole Defendant. Defendant refuted the allegation on the ground that they only state on their product/gasket that the same is suitable for Hawkins Pressure Cookers. Held, Defendant has its own well-established trademark MAYUR. No reasonable person or purchaser can ever assume a trade connection between MAYUR brand of gaskets and Hawkins. Use of the expression 'Suitable for Hawkins Pressure Cookers' in front of the Defendants product would clearly fall within the exception carved out under Section 30. Condition of 'Honest use' is satisfied, since one cannot decipher a commercial connection between the plaintiff and the Defendant by use of the word HAWKINS by the defendant. It is not a case where there is dilution of the value of the trademark of the Plaintiff by unfair advantage being taken of its distinctive character or repute by the Defendant. Prominent display of the own trade mark of the Defendant along with prominent display of the address of its manufacturers as against the same indicates suitability of the gaskets for Hawkins pressure cookers and not one of passing off. Petition dismissed.

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