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2008 Supreme(Del) 1302

SANJAY KISHAN KAUL
Hawkins Cookers Limited – Appellant
Versus
Murugan Enterprises – Respondent


Advocates Appeared:
For the Appellant : Hemant Singh, Mamta Rani Jha and Pallavi Singh.
For the Respondent: Vibhu Bakhru and Rahul Sharma.

JUDGMENT :

Sanjay Kishan Kaul, J.

The plaintiff is an existing Public Limited Company within the meaning of Companies Act, 1956 and has instituted the present suit for permanent injunction restraining infringement of trademark, passing off, delivery up and rendition of accounts etc. against the sole defendant.

2. The plaintiff claims to be a reputed and established company inter alias engaged in the manufacture of pressure cookers and parts thereof under the trademark HAWKINS for the last 30 years. The name of the plaintiff company was changed from M/s Pressure Cookers and Appliances Limited to the present name of M/s Hawkins Cookers Limited in the year 1986. The plaintiff is the registered proprietor of the trademark HAWKINS from 06.05.1957 in Class 21 under the Trade and Merchandise Marks Act, 1958 in respect of pressure cookers and parts thereof. The trademark registration No. 179714 is for HAWKINS UNIVERSAL but the mark registered is HAWKINS and the word UNIVERSAL is subject to disclaimer. The registrations are stated to be valid and subsisting. The plaintiff claims that the trademark HAWKINS forms a predominant feature of the corporate name and trading style of the plaintiff and

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