Law:

Section:

(a) Administration of justice--- ----Court, responsibility of--- For proper administration of justice, it is duty and responsibility of court confronted with such a situation to make efforts to prima facie systematically unwind complexities by carefully looking at facts presented by parties, claims and defences raised by each side and documents available on record and after looking at what law provides, arrive at a tentative assessment and decide matter in accordance with law and judicial precedents. (b) Trade Marks Ordinance (XIX of 2001)--- ----Ss. 39, 40 & 42(3)---Civil Procedure Code (V of 1908), O. XXXIX, Rr.1 & 2---Infringement of trade mark---Suit for injunction and infringement of trade mark---Disclaimer, effect of---Prior use and goodwill---Proof---Plaintiff was aggrieved of use of word "Unique" by defendant on the plea that it was its registered trade mark---Trial Court granted interim injunction and restrained defendant from using trade mark "Unique"---Validity---On the basis of trade mark registration, plaintiff could not allege that defendant had infringed its trade mark UNIQUE by using trade mark UNIQUE as such feature was disclaimed by plaintiff itself while obtaining trade mark registration---Prior user and goodwill and reputation acquired through use could be shown at prima facie stage by submitting sales figures, copies of invoices and sale documents, advertisements in newspapers, magazines, documents showing promotion through electronic media etc.---Defendant claimed to be using trade mark UNIQUE for about ten years and, therefore, at such stage when plaintiff has no statutory rights, nor had filed any document to prima facie show prior use, it was inappropriate to injunct defendant---Plaintiff was not entitled to injunction as it failed to make out a prima facie case nor showed that balance of convenience or likelihood of irreparable loss were in its favour---High Court set aside interim injunction passed by Trial Court in favour of plaintiff---Appeal was allowed in circumstances. Tabaq v. Tabaq 1987 SCMR 1090; National Disinfectant Company v. National Detergents Ltd. PLD 1983 Kar. 402 and Riaz Ahmed Mansuri v. Abid Ali Qazi and 2…

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