(1.) The appellant is the registered proprietor of the trademark HAWKINS in respect of pressure cookers and parts thereof, including gaskets, falling under Class-21 of the erstwhile Trade and Merchandise Marks Act 1958. Who has not heard about Hawkins Pressure Cookers It is a well known brand.
(2.) The grievance relates to the respondent, M/s.Murugan Enterprises, manufacturing and selling gaskets under the trademark MAYUR; but on the packaging material printing:
(3.) Whereas the words suitable for and Pressure Cookers are printed in black colour, the word Hawkins is printed in red colour and thus it is apparent that the intention is that the word Hawkins catches the eye.