Law: Competition Act, 2010

Section: 10

(a) Competition Act (XIX of 2010)--- ----S. 10---Deceptive marketing practices---Distribution of false and misleading information---Fraudulent use of anothers trademark---Scope---Complainant alleged that the respondents were disseminating false and misleading information to consumers by fraudulently using its trademark, trade name and other distinctive items which amounted to deceptive marketing practices under S. 10 of the Competition Act, 2010---Validity---Complainants had produced the trademarks registration certificate, whereas the respondents had not produced any document in their support which could justify the use of complainants trademark and trade name---Respondents were blatantly using the complainants registered trade/service mark without obtaining due authorization from the complainant to thrive on the reputation built by complainant over a period of several years---Only defence which had been made by the respondents was that there was a franchise agreement that allowed them to use the trade name and trademark of the complainant---However, it was not disputed at all by either party that the agreement stood terminated---Respondents had violated S. 10 of the Competition Act, 2010---Competition Commission imposed a penalty on the proprietor of each respondent---Respondents were directed to publish in two newspapers that they had no affiliation with the complainant and refrain from indulging in any form of deceptive marketing practices in the future. In the matter of Show Cause Notice issued for violation of DHL Trademark 2013 CLD 1014 rel. 2013 CLD 1451 distinguished. (b) Competition Act (XIX of 2010)--- ----Preamble, S. 10---Deceptive marketing practices---Scope---Apart from providing for free competition in all spheres of commercial and economic activity and to enhance economic efficiency, the scope of the Competition Act, 2010 is also to protect consumers from anti-competitive practices, which inter alia include the deceptive marketing practices. In the matter of Show Cause Notice issued to Messrs Kamyu.Pk 2018 CLD 919 fol. (c) Competition Act (XIX of 2010)--- ----S. 10---Deceptive marketing practices---Net general impression---Scope---Competition…

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