Law: Competition Act, 2010

Section: 10,31(c)(i)

Competition Act (XIX of 2010)--- ----Ss. 10 & 31(c)(i)---Deceptive marketing practices---Fraudulent use of another's trademark or packing---Discontinuance of contravention---Scope---Complainant's case was that respondent was disseminating false and misleading information to the consumers by fraudulently using his registered trademark, trade dress and logo on its marketing material, which was capable of harming his business interest challenged the evidence collected through enquiry report as mere oral, i.e. evidence without affidavit of the witnesses and contended that after the meeting of Local Market Committee, it had discontinued the old packing and had changed its bill books as well; that it had arranged bags of cloth for packing and had replaced the old packing with the new one; that its products were not exported hence, it would not mention so on the packing and that over complainant's concern it would not use the tag of being registered on the packing---Validity---Bags of complainant as well as the respondent and the certificate of registration of trademark and copyright issued in favour of the complainant were also on record---Proprietor of the respondent had made a statement on oath that the respondent's previous marketing material was in violation of S. 10 of Competition Act, 2010 being similar with the trade dress of complainant's registered packing, trade name and logo---Bench of Competition Commission, in presence of clear and unambiguous admission on behalf of respondent, held that violation of S. 10 of Competition Act, 2010 stood proved 's contention with regard to oral evidence was contrary to the facts and evidence available on record was directed to cease and desist from using the trademark of the complainant or use the packing material similar to that of the complainant or any other undertaking in future---Show cause notice was disposed of accordingly. ORDER 1 This Order shall dispose of the proceedings initiated vide Show Cause Notice No. 19 of 2018 dated 28th November 2018 (the 'SCN'), issued to Messrs Pakistani Leather Jacket House (the 'Respondent') by the Competition Commission of Pakistani (the 'Commission') for, prima facie,…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492