| Citation(s) |
|---|
| 2021 SLG 2476 2021 SLD 2476 2021 CLD 838 |
Sindh High Court
Suit Nos. 596, 880 and J.M. No. 28 of 2019, decided on 22ndSeptember, 2020, Dates of hearing: 4th, 25th November, 2019,21st May and 19th August, 2020.
ZAFAR AHMED RAJPUT, JUSTICE
Mirza Mehmood Baig and Hanya Haroon for Plaintiff (in Suit No.596 of 2019).Ms. Amna Salman Ahmed for Defendant No. 1 (in Suit No.596 of 2019).Nemo for Defendants Nos. 2 to 7 (in Suit No.596 of 2019).Ms. Amna Salman Ahmed for Plaintiff (in Suit No. 8
Suit Nos. 596, 880 and J.M. No. 28 of 2019, decided on 22ndSeptember, 2020, Dates of hearing: 4th, 25th November, 2019,21st May and 19th August, 2020.
ZAFAR AHMED RAJPUT, JUSTICE
Mirza Mehmood Baig and Hanya Haroon for Plaintiff (in Suit No.596 of 2019).Ms. Amna Salman Ahmed for Defendant No. 1 (in Suit No.596 of 2019).Nemo for Defendants Nos. 2 to 7 (in Suit No.596 of 2019).Ms. Amna Salman Ahmed for Plaintiff (in Suit No. 8
MASTER MOTORS CORPORATION (PVT.) LIMITED THROUGH ATTORNEY/AUTHORIZED OFFICERVSMASTER ROAD CORPORATION SMC (PVT.) LIMITED THROUGH PROPRIETOR/PARTNERS/MANAGERS AND OTHErs
Law: Trade Marks Ordinance, 2001
Section: 40,46
Law: Civil Procedure Code (V of 1908)
Section: 1,2
Trade Marks Ordinance (XIX of 2001)--- ----Ss. 40 46---Civil Procedure Code (V of 1908), O. XXXIX, Rr. 1 2---Suit for declaration and injunction---Interim injunction, grant of---Infringement of registered trade mark claimed to be part of Master Group of Industries and was indulged in sale of commercial vehicles in the name of Master Grande and Master Line and also manufacturing and selling buses under brand name of Master Foton and Yotong Master---Plea raised by plaintiff was that it had protected its rights in the brand Master by obtaining registration of the same in relevant Class 12 of International Classification of Goods and Services pertaining to vehicles, apparatus for locomotion by land, air or water with authorities---Validity---Trademark Registration Certificate was annexed with plaint and such fact was not denied by defendant rather it was admitted by it in its counter affidavit had made out a prima facie case in its favour for grant of injunctive relief and allowing to use the trade mark Master and Road Master by defendant would cause inconvenience to plaintiff---Use of such name by defendant would cause deception and confusion in terms of provisions of Trade Marks Ordinance, 2001---Balance of convenience was in favour of plaintiff for the purpose of granting injunction and it was plaintiff that would suffer irreparable loss if injunction as not allowed---Interim injunction was allowed in circumstances. Sayyed Engineering v. Tristar Industries (Pvt.) Ltd. 2001 CLC 1368; Dewan Sugar Mills (Pvt.) Ltd. v. M.B. Abbasi and others 2007 YLR 2672; Naseem Ahmed v. Messrs Samiuddin Ramzan Khan and 2 others 2004 CLD 315; Popular Food Industries Ltd. v. Maaza International Company LL.C and another 2004 CLD 1509; Tri-Star Industries (Pvt.) Ltd v. Messrs Trisa Bursten Tabrik A. G. and others 1999 YLR 638; Messrs Shield Corporation Ltd. v. Dalda Foods (Pvt.) Ltd 2015 CLD 528; Wrangler Apparel Corporation through Authorized Signatory v. Axfor Garments through Proprietor/ Manager/Partners 2008 CLD 70; Messrs. Excise Pakistan Limited v. Pakistan Accumulators (Pvt.) Ltd. and 2 others 2010 CLD 890; Jubilee Lie Insurance Company Limited through Zahid Barki v. United…
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