Law: Trade Mark Ordinance, 2001

Section: 82,86

Trade Marks Ordinance (XIX of 2001)--- ----Ss. 82 & 86---Ad interim order was issued by the Tribunal in terms O.XXXIX, C.P.C., restraining the defendant/respondent from using the trademark/trade name and imitated bag device along with logo/artistic work and marketing---Defendant prayed for vacation of said order, contending that the plaintiff had no cause of action for grant of injunction as all the three essential ingredients, simultaneously required for such injunction i.e. "prima facie case, balance of convenience and irreparable loss", were missing in his case---Validity---Plaintiff had failed to make out a case for grant of interim relief and none of the essential ingredients for interim relief was available to plaintiff---Even, if, on the test of prima facie case, the plaintiff being owner of well-known mark, though not requiring registration, the two other tests i.e. balance of convenience, irreparable loss, were also to be qualified to bring an infringement suit for an injunctive relief, which otherwise were to be qualified, even by an unregistered Trade Mark owner, while bringing a passing off action and seeking injunctive relief thereof---One's being owner of a well known mark, could be a good ground for the purpose of registration of the same in a territory other than where it was actually registered, but the same could not be a good ground for injunctive relief; unless the ingrediences of balance of convenience and irreparable loss, were established---Section 86(3) of Trade Marks Ordinance, 2001, permitted the owner of well known mark to bring a suit for infringement of the said mark, instead of bringing a passing off action despite being an unregistered owner---Ad interim order, was recalled in terms O.XXXIX, R.4, C.P.C. Pioneer Cement v. Fecto Cement Ltd. PLD 2013 Lah. 110; Tabaq Restaurant v. Tabaq Restaurant 1987 SCMR 1090; ARC International v. Ahmed Mansoor 2012 CLD 226; Dalda Foods (Pvt.) Ltd. v. Messrs Sheild Corporation Limited 2016 CLD 1864 and El-Baik Food Systems v. Al-Baik Suit No. 35 of 2007 ref. THIS ORDER PASSED BY: SHAKIL AHMED ABBASI, PRESIDING OFFICER---.--- ORDER ON APPLICATION UNDER ORDER XXXIX, RULE 4, C.P.C. READ WITH…

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