HAWKINS COOKERS LTD Vs. RAKESH KUMAR MUKESH KUMAR

JUDGEMENT

(1.) In spite of being served, defendant chose not to join issues with the plaintiff. After filing written statement, defendant absented from entering appearance. Vide order dated 7.5.2003, defendant was proceeded ex parte. Plaintiff was directed to lead evidence by way of affidavits. Needful has been done by the plaintiff.

(2.) Plaintiff is a company engaged in the manufacture of pressure cookers and parts thereof. Vide registration No. 179714, plaintiff holds registration in its favour under class 21 of the Trade and Marchandise Marks Act, 1958 in respect of the word 'Hawkins'. Registration continues to enure for the benefit of the plaintiff. Thus, plaintiff claims to be the holder of proprietory rights in the trade mark/name 'Hawkins'.

(3.) As per the plaintiff, the trade mark Hawkins forms a predominant feature of its corporate name and trading style. In common parlance, plaintiff is referred to as Hawkins.