Law:

Section:

Trade Marks Ordinance (XIX of 2001)------- --------S. 28-------Revised Trade Marks Rules, 1963, R. 30-------Civil Procedure Code (V of 1908), O.XXXIX, Rr. 1 & 2-------Infringement of trade mark-------Interim injunction, grant of-------Hereditary use of trade mark-------Plaintiff was son of original owner of trade mark in question and he was aggrieved of use of the trade mark by one of the maternal grandsons of the deceased owner-------Trial Court issued interim injunction in favour of plaintiff-------Validity-------In presence of daughter of deceased, the defendant being maternal grandson did not fall within the list of legal heirs, therefore, he had no right to use trade mark as hereditary right-------Plaintiff was son of founder of trade mark in question who adopted same in the year 1947-------Defendant, in opposition, did not dispute right of plaintiff to use the trade mark but with some distinction-------Defendant failed to establish his right to use trade mark in question as a hereditary right-------Registrar of Trade Marks rightly dismissed opposition of defendant and order passed by Trial Court did not suffer from any legal infirmity or procedural irregularity calling for interference by High Court in its appellate jurisdiction-------Record had established that three grounds necessary to be considered for grant of temporary injunctions i.e. (i) prima facie strong case, (ii) balance of convenience and (iii) irreparable loss leaned in favour of plaintiff existed in the present case-------Trial Court rightly granted temporary injunction in favour of plaintiff and against defendant-------High Court declined to interfere in the order passed by Trial Court as there was no illegality in the same-------Appeal was dismissed in circumstances. THIS JUDGMENT DELIVERED BY: MUHAMMAD FARRUKH IRFAN KHAN, JUSTICE:--------- This single judgment will deal with and decide F.A.O. No. 418/14 and F.A.O. No.474/15 as decision of the former will determine fate of the latter. 2. F.A.O. No.418/14 is directed against the order dated 30.6.2014 whereby opposition of the appellant (Muhammad Waqas Sole Proprietor of ASLI MAND BARFI SHOP Noor Masjid Road, Gojra District Toba Tek…

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