Law:

Section:

Trade Marks Act (XIX of 2001)-------S. 5(2)---Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2---Infringement of trade mark---Grant of temporary injunction restraining defendant from using the registered trade mark---Validity---Plaintiffs being proprietors of registered trade mark had entered into licence agreement whereby defendants were permitted to manufacture and sell fans under registered trade mark for a period of three years---Licence agreement had expired---Parties had referred the matter to arbitrator---Award of arbitrator could not be considered as a further permission or authority to use the trade mark by defendants which would tarnish the reputation and good-will of trade mark and result in irreparable loss to plaintiffs---Appeal was dismissed. ORDER MUHAMMAD FARRUKH IRFAN KHAN, J.---This order shall decide F.A.O. No.23 of 2014 instituted by the appellant/defendant calling in question order dated 20-12-2013 of the learned Additional District Judge, Gujrat whereby an application under Order XXXIX, Rules 1 and 2, C.P.C. for grant of temporary injunction filed in a suit for infringement of a registered trade mark, was allowed restraining the appellant/defendant from using the registered trade mark "YOUNAS FAN" for manufacturing or selling fans in the market till final decision of the suit. 2. Brief background giving rise to the filing of the captioned F.A.O. is that the respondents/plaintiffs claiming to be owners/directors of Younas Metal Works Private Limited filed a suit for permanent injunction to restrain the appellant/defendant from manufacturing and selling of electric fans under their registered trade mark. "YOUNAS FAN" on the basis that the licence agreement, which was entered into between the parties only for three years, had expired on 15-10-2012 and yet the appellant/defendant is continuing to illegally and unlawfully manufacture and sell electric fans under their registered trade mark "YOUNAS FAN" along with their own trade marks "AL-KHAIR FANS" and "AL-ARIF FANS" thus causing confusion and deception in the market misleading the customers. 3. It is admitted by learned counsel for the appellant/defendant that licence agreement was…

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