Law: Trade Mark Act, 1940

Section: 21

Law: Copyrights Ordinance, 1962

Section: 56

Law: Specific Relief Act, 1877

Section: 54

Trade Marks Ordinance (XIX of 2001)--- ----S. 21---Copyrights Ordinance (XXXIV of 1962), S. 56---Specific Relief Act (I of 1877), S. 54---Infringement of trademark---Suit for injunction---Plaintiff claimed to be owner of registered trademark of 'Hilal Khopra Candy Sweets' which was also registered under Copyrights Ordinance, 1962---Plaintiff alleged that 'Haroon Khopra Candy Sweets' was identical in packaging, label/wrapper and defendants infringing plaintiff's trademarks rights and also passing off their goods as goods of plaintiff---Trial Court dismissed the suit---Validity---Appearance of number of infringements/imitations of trademarks of wrapper, colour scheme, design or getup in marketplace would not give justification for an infringer/imitator to claim that trademark of original proprietary had lost its propriety status and that due to such reason, imitator/infringer of such trademark or label or wrapper was entitled to continue with its imitation and infringement---When question had arisen whether a mark applied for, had such resemblance to another mark likely to deceive, it should be determined by considering what was leading characteristic of each---One could contain many, even most of same elements, as other and yet leading, or it may be only impression left on mind, might be very different---Critical comparison of two marks might disclose numerous points of difference yet idea which would remain with any person seeing them apart at different times could be same---Mark was infringed if essential features or essentials particulars of same were taken---Colour scheme, design and getup of label/wrapper of defendant was deceptively and confusingly similar or nearly resembled colour scheme, design and getup of label/wrapper of plaintiff and was likely to cause confusion and deception to an unwary purchaser---High Court set aside and decree passed by Trial Court and decreed suit in favour of plaintiff--- Appeal was allowed in circumstances. Cecil De Cordova and others v. Vick Chemical Company PLD 1951 Privy Council 108; Jamia Industries Ltd. v. Caltex Oil (Pak Ltd. and another PLD 1984 SC 8; Mehran Ghee Mills (Pvt.) Ltd. and others v. Messrs Chiltan Ghee…

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