Hawkins Cookers Limited v Murugan Enterprises 2012(50)PTC389(Del)
FACTS
- Hawkins is an established brand with its registered TM in India. Plaintiff sells gaskets (parts of pressure cooker) and uses the terms-’ Suitable for Hawkins Pressue Cookers’ in their marketing . Hawkings filed a case of infringement.
- Murugan (defendant) takes the defense of Section 30(2)(d) (Exceptions) - A registered TM can be used for parts and accessories.
ISSUE
Is the defendant using Hawkins as a Trademark ?
HELD
- Single Judge High Court – it is reasonably necessary for the manufacturer of adaptable goods to refer to the TM of the relateable goods- this is not infringement .
- Division Bench – upheld this decision but added that the defendants had added undue prominence to the word Hawkins by printing it in big bold letters – they had to remove the prominence.
- Ultimately, the defendants were not infringing upon the TM of the plaintiff.
Video Summary https://www.youtube.com/watch?v=tazZvmBxCjg&list=PL-1DBVyVi7EaCojbQa5_XKBVJqA1y1REh&index=4