HAWKINS COOKERS LIMITED Vs. SONIA KITCHENWARE INDUSTRIES

JUDGEMENT

(1.) The present suit has been instituted by the plaintiff against the defendant seeking for a permanent injunction restraining the defendant from infringing the copyright of the plaintiff, namely, 'Hawkins' and also for passing off the goods of the defendant as that of the plaintiff and also for rendition of accounts. The copyright of the plaintiff is registered and their registration No. A27389/80 dated 14.4.1980. It is stated that the said registration of the plaintiff is valid, subsisting and in force. A copy of the registration certificate has been placed on record. According to the plaintiff, the plaintiff has been using the copyright with the 'Hawkins' label since the year 1974 in respect of pressure cookers of its manufacture and sale throughout India. In view of the quality of the products of the plaintiff, it has acquired a valuable reputation in the country. The plaintiffhas also advertised its pressure cookers under 'Hawkins' label extensively throughout India. The total sale of the pressure cookers of the plaintiff for the period from March, 1987 to December, 1991 has been pleaded in the plaint.

(2.) It has been pleaded by the plaintiff that the plaintiff came to know that the defendant has been using the impugned 'cook line' label on their pressure cookers which is colourable imitation and substantial reproduction of Hawkins' label of the plaintiff and is confusingly and deceptively similar to that of the plaintiff's 'Hawkins' label, and therefore, the present suit has been instituted by the plaintiff seeking for permanent injunction in respect of the aforesaid copyright of the plaintiff with 'Hawkins' label restraining the defendants from infringing the said copyright and also for passing off the get-up of the label in respect of pressure cooker of the plaintiff.

(3.) Along with the suit, the plaintiff has also filed an application under Order 39 Rules 1 and 2 of the CPC. By order dated 26.5.1993, this Court passed an ad interim ex parte injunction restraining the defendant from using in relation to pressure cooker the get-up of the label complained of in the plaint or any other label deceptively and/or confusingly similar to the label of the plaintiff and further restrained the defendant from using in relation to pressure cookers the get up of the label complained of and as set out in the plaint so as to constitute an infringement of the copyright registration of the plaintiff. The defendant was further restrained from using in relation to pressure cookers the label complained of or any other label deceptively and/or confusingly similar to that of the plaintiff.