The Court established that the use of a similar label and reproduction of material constitutes both passing off and copyright infringement.

1. The present suit is for the issuance of perpetual injunction restraining the defendants, their servants, agents, etc. from using a get up of label in relation to pressure cookers which is deceptively similar to the label of the plaintiff having distinctive features and registered under the provisions of the Copyright Act, 1957 vide registration No. A - 27389/80.

2. Perpetual injunction has also been claimed restraining the defendants from dealing in any manner with their cook book having passages reproduced verbatim from the cook book of the plaintiff titled as 'Pressure Cookery and Instructions Book', thereby infringing the Copyright of the cook book of the plaintiff.

3. Further relief is also sought for delivering up and destruction of all such pressure cookers, accessories and articles as are being employed by the defendant in the manufacture of their offending goods which are in the custody, power and possession of the defendants.

4. The plaintiff has also prayed for a direction for delivering up of all the impugned materials including the cook book for the purpose of destruction.

5. It has also been prayed that an order for rendition of accounts of profits illegally earned by the defendants, by way of passing of its goods as the goods of the plaintiff, be made.

6. The brief facts of the case are as follows : -

7. The plaintiff is a public limited company incorporated under the Companies Act, 1956 and having its registered office at F - 101, Maker Towers, Cuffe Parade, Bombay - 400 005.

8. The plaintiff is a very old, well known and a reputed company engaged in the manufacture and marketing of pressure cookers and parts thereof under its reputed trade mark 'Hawkins', for the past more than 30 years.

9. The plaintiff company was formerly known as "Pressure Cookers and Appliances Ltd." Subsequently, it was named as 'Hawkins Cookers Ltd.' The defendants Nos. 1 and 2 are firms to the best of the knowledge of the plaintiff company and are engaged in the business of sale of pressure cookers and are located at Railway Road, Kapurthala, Punjab.

10. Sometimes in the year 1974, the plaintiff company introduced its pressure cooker under a distinct and particular get up of label, Exh. PW 1/3, consisting of the following features.
(a) Two semi circles disposed in a spaced and reflective manner to each other;
(b) Two semi circles in red colour;
(c) The space between the semi circles is in white;
(d) The trade marks is written in black colour in white space;
(e) The words "Pressure Cooker" are written in white in the lower semi circle.

11. The features (c) to (e) are duly protected under the provisions of the Copyright Act, 1957 under Registration No. A - 27389/80, Exhibit PW 1/4, and same is valid, subsisting and in force.

12.Because of the excellent quality of the pressure cookers sold and offered for sale by the plaintiff company, under its aforesaid distinct get up of label, which acquired immense good will and reputation throughout the country. The intending purchasers identify and recognise the pressure cookers of the plaintiff company, by the said distinct get up of the label.

13. The pressure cookers of the plaintiff company are sold both in the rural and urban areas of the country, and the intending purchasers, particularly in the rural areas, identify the pressure cookers of the plaintiff company by the said label.

14. The plaintiff company has incurred huge expenditure of Rs. 6,25 crores on advertising its pressure cookers under the distinct get up of thelabel extensively throughout India between Oct. 1985 to Dec. 1991.

15. The total sales figure of the plaintiff company for the period of Oct. 1986 to Dec. 1991, Exhibit PW 1/5 to Exhibit PW 1/8 and Mar