Law:

Section:

(a) Trade Marks Ordinance (XIX of 2001)-------Ss. 43 & 77---Suit for trademark/trade-name/passing off/copyright, infringement of---Facts essential to give rise to a cause of action to plaintiff stated. In a case where the plaintiff alleges that the defendant has infringed his trademark, copyright or trade name, it is to be gauged as to whether or not the products of the plaintiff and the defendant are identical or to what extent they are similar in size, shape, colour/colour scheme, texture, packing, presentation or appearance, so as to deceive the customer/consumer to purchase/use the product of the defendant without any hesitation or doubt in his mind, under the impression that he has purchased/used the product of the plaintiff. It is no necessary that the defendant's product should have all the above characteristics to look similar or identical to the product of the plaintiff; any one or some of them may be sufficient in some cases to create such a situation. If the customer/consumer gets deceived or becomes doubtful or confused after looking at or comparing the products of the plaintiff and the defendant, the plaintiff will be justified in bringing an action against the defendant. It is not necessary that the deception or confusion was caused by the defendant deliberately or intentionally, and even unintentional deception and confusion in such cases would give rise to a cause of action to the plaintiff as the main element is the deception and/or confusion, and not the intention of the person responsible for the deception and/or confusion. The above aspect becomes more important and applicable when the plaintiff and defendant are operating and carrying on business in the same area/field, the nature of their business is the same or similar, and the operations and business of the plaintiff were prior in time to those of the defendant. Messrs Mehran Ghee Mills (Pvt.) Limited and others v. Messrs Chiltan Ghee Mills (Pvt.) Limited and others 2001 SCMR 967; Messrs Tabaq Restaurant v. Messrs Tabaq Restaurant 1987 SCMR 1090; Jamia Industries Ltd. v. Caltex Oil (Pak) Ltd. and another PLD 1984 SC 8; Glaxo Laboratories Ltd., England v. Assistant Registrar, Trade…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492