Law:

Section:

(a) Trade Marks Ordinance (XIX of 2001)--- ----Ss. 11, 33 & 43---Civil Procedure Code (V of 1908), O. XXXIX, Rr. 1 & 2---Specific Relief Act (I of 1877), Ss. 42 & 54---Law Reforms Ordinance (XII of 1972), S. 3---High Court appeal---Suit for declaration and injunction---Infringement of trade mark---Interim injunction, grant of---Principles---Plaintiff claimed that trade mark "BOL" was its property as in year 2007 it was registered as "Pakistani Idol Bol"---Single Judge of High Court declined to grant interim injunction in favour of plaintiff---Validity---Plaintiff, in a suit for trade mark infringement, must make out a prima facie case of being registered proprietor or assignee etc. thereof---Plaintiff did not produce any certificate of registration duly signed by Registrar of Trade Marks in terms of S. 33 of Trade Marks Ordinance, 2001, and had merely placed reliance on purported certified copy of extract of Registration Certificate which was issued by some unauthorized officer and such fact was verified from comments filed by the Registrar, Trade Marks---Single Judge of High Court rightly held that plaintiff failed to establish a prima facie case in its favour---Plaintiff was not able to demonstrate that other two factors i.e. balance of inconvenience and irreparable loss and injury were in favour of grant of injunction, whereas more emphasis was given to make an effort to establish a prima facie case---Plaintiff failed to demonstrate that it had either adopted or using trade mark "BOL" prior to the claim of defendant in such regard, or it had proved to make huge investment in respect of trade mark "BOL" or started any business in the name of trade mark "BOL"---Single Judge of High Court rightly declined injunctive relief sought by plaintiff as it could not make out a prima facie case for seeking discretionary relief in its favour---None of the factors which were required to be taken into consideration for grant of injunction application were in favour of plaintiff---Division Bench of High Court declined to interfere in order passed by Single Judge of High Court---High Court appeal was dismissed in circumstances. Pioneer Cement Limited v. Fecto…

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