Law: Competition Act, 2010

Section: 10

(a) Competition Act (XIX of 2010)--Ss. 10, 37(2) & 38---Deceptive marketing practice---Complainant had alleged that respondents were fraudulently using complainant's stylized and artistically created logo/trade mark, without its permission or authorization or consent, which was false, deceptive and misleading and also capable of harming the business interest of the complainant; and by so doing the respondents had violated the provision of S.10 of Competition Act, 2010---Respondents had alleged that the complaint had not been filed by the competent person, as the resolution of Board of Directors of complainant company did not contain the names and designation of Directors of the company---Validity---Complainant was a legal person being a company limited by shares and it was registered as a company with the Securities and Exchange Commission of Pakistan under the provisions of the Companies Ordinance, 1984---Pleadings in legal proceedings, initiated on behalf of juristic person could be signed by any person; (i) authorized to do so under the Articles of Association of company; or (ii) authorized by its Board of Directors; or (iii) authorized to do so through a general power of attorney---Complaint had been filed by company Secretary; and complaint not only was bearing the signature, but also was bearing the seal of the complainant undertaking---Certified true copy of the Board's resolution had also been annexed with the complaint---Complaint did contain the signature of authorized person of the complainant company by virtue of Board's resolution; and seal of the complainant was also affixed on the complaint---Power of attorney of the counsel was also duly signed by company's Secretary, who was duly authorized in that regard---Objection of respondents had no merits. Messrs GMS Lines Co. Ltd. v. Messrs Adamjee Insurance Company Limited 2010 CLD 327 rel. (b) Competition Act (XIX of 2010)--- ----Ss. 10, 37(2) & 38---Deceptive marketing practice---Ignorance of law---Common objections taken by the respondents was that 'They had no knowledge about special law i.e. Competition Act, 2010'; that they had no intention to deceive any person in any manner; that the…

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