Law:

Section:

(a) Registered Designs Ordinance (XLV of 2000)--- ----S. 3(2)---Civil Procedure Code (V of 1908), O. XXXIX, Rr. 1 & 2---Deceptive trademark---Interim injunction, grant of---Plaintiff claimed to be owner of registered trademark 'ORO' (Pencils) and sought injunction against defendant for using getup and design owned by him against trademark 'ZORRO'---Validity---To have a design registered under Registered Designs Ordinance, 2000 and to have monopoly created thereon, it was essential that design must have element of newness or originality under S. 3(2) of Registered Designs Ordinance, 2000---In absence of such newness or originality, no design could be registered---Condition of newness and originality under previous Patents and Designs Act, 1911 was only limited to Pakistan but same was extended globally under Registered Designs Ordinance, 2000---To have a design registered under Registered Designs Ordinance, 2000 design was to be globally new or original---Comparison of rival pencils revealed that defendant had not only used identical color scheme and getup of pencils used by plaintiff as well as its trademark 'ZORRO' embodied plaintiff's complete trademark 'ORO' in full---Unwary purchaser, no doubt, would be deceived on account of startling resemblances between rival pencils---High Court restrained defendant from using deceptively similar 'ZORRO' trademark pencils, embodying typical colour scheme (trade dress) adopted by plaintiff---Application was allowed in circumstances. Phillips v. Barbro Rubber Company (1920) 37 R.P.C. 233 and Morning Star Cooperative Society v. Express Newspapers Limited 1979 FSR 113 rel. (b) Registered Designs Ordinance (XLV of 2000)--- ----S. 3---Expression 'new or original'---Connotation---Expression 'new or original' appearing in S. 3 of Registered Designs Ordinance, 2000 means that design was invented for the first time or it has not been reproduced by anyone before. THIS ORDER PASSED BY: ZULFIQAR AHMAD KHAN, JUSTICE:---.--- This single order will dispose of C.M.A. No.16652/2015 moved by the Plaintiff in Suit No.2223 of 2015, seeking injunction against the Defendant from using the getup and design of Design No.17023-D owned by the…

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