Law:

Section:

Copyright Ordinance (XXXIV of 1962)--- ----S. 13---Specific Relief Act (I of 1877), Ss.42 & 56---Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2---Suit for declaration and injunction---Interim injunction, grant of---Copyright, ownership---Scope---Plaintiffs were manufacturers of home appliances and defendants were the advertisers---Plaintiff claimed ownership of taglines being used and displayed by them for selling their products---Defendants filed application seeking restraining orders against plaintiffs from using and displaying taglines in question---Validity---Plaintiffs could enjoy physical possession of work created by defendants and did not become owners of copyright in such works---High Court restrained the plaintiffs from using, displaying or selling their products under taglines in question and from using materials detailed in plaint from being reproduced before general public (both nationwide and international) through any forums of media as materials in question were created by defendants---Application was allowed in circumstances. Atiqa Odho v. R. Lintas (Pvt.) Ltd. PLD 1997 Kar. 57; 2000 CLC 872 and Shakeel Adilzadeh v. Pakistan Television Corporation Ltd. 1989 CLC 2447 ref. THIS ORDER PASSED BY: ZULFIQAR AHMAD KHAN, JUSTICE:---.--- Through C.M.As. Nos.664 and 16752 of 2014, the Defendants are seeking restraining orders against the plaintiffs from using, displaying or selling Plaintiff's products under the taglines "Dawlance Making Pakistan Proud", "Dawlance Reliable Hai" and "Kyonkay Dawlance Reliable Hai". Per counsel, orders be passed that these taglines as well as other materials detailed in Paragraph-15 of the plaint not be reproduced before the general public (both nationwide and internationally) through all forums of media as these materials are admittedly created by the Defendant No. 1. The controversy at hand stems from an Agreement dated 01.11.2006 reached between the Defendant No. 1 and the Plaintiff No. 3 with regards to provision of services by the Defendant No. 1, which services are detailed in Clause-II of the said Agreement, A review of the Agreement shows that while the Plaintiff is in the business of manufacturing and…

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