HAWKINS COOKERS LTD Vs. ZAVERCHAND LILADHAR SHAH

JUDGEMENT

(1.) The present petition has been filed by the petitioners inter alia seeking cancellation of the registration of design No. 164949 granted in favour of the Respondent No. 1 by respondent No. 3 herein. Some of the facts of the present case are briefly stated as under:

(2.) Petitioners are claiming to be the manufacturers of Pressure Cookers and Marketeers of other kitchen appliances such as Fry Pan, Deep Fry Pan, Tava etc. It is the case of the petitioners that the original name of "Pressure Cookers & Appliances Ltd., has been changed to 'Hawkins Cookers Ltd.' since September 1986 and, therefore, fresh Certificate of Incorporation has been issued to the petitioner company. The Respondent No. 2 is a firm also carrying on business of marketing kitchen appliances such as Tava. Respondent No. 1 is a manufacturer and also is selling Tava through Respondent No. 2. It is the case of the petitioners that the petitioners have a full fledged Research and Development Department and in the said department they undertake innovations of different kinds in designing and carry out modification and improvements in the shape and configuration of the various products such as pressure cookers and other utensils.

(3.) Is the case of the petitioners that sometime in or about 1989-90 petitioners Research and Development Department conceived in idea of improving the design of existing Tava by providing novel shape and design and accordingly they innovated the said registered design. It is the claim of the petitioners that the said shape is novel and unique and was innovated after lot of efforts and spending of considerable time on research and money. On 30/10/1990, petitioners as a proprietor of such new innovated design filed an application for registration of the design of the said Tava with Respondent No. 3. The said design was registered and Registration Certificate bearing No. 162612 was issued to the petitioners. It is the case of the petitioners that the said registration is renewed from time to time and the same is still valid. It is further the case of the petitioners that the said design is registered is in Class 1.