Law: Trade Marks Ordinance, 2001

Section: 39,40

Law: Civil Procedure Code (V of 1908)

Section: 1,2

Trade Marks Ordinance (XIX of 2001)--- ----Ss.39 & 40---Civil Procedure Code (V of 1908), O.XXXIX, Rr. 1 & 2---Passing off---Infringement of trade mark and copy right---Interim injunction, refusal of---Concealing of facts---Plaintiff company assailed use of trade mark "HAJMOLA" by defendant company---Validity---Intellectual Property Tribunal passed an order restraining defendant company from passing off goods by using the offending trade mark---Subsequently the Tribunal passed another order observing that the injunctive order passed earlier would have no effect because of an order passed by High Court---Intellectual Property Tribunal adjourned that suit sine die till adjudication of matter by High Court---Plaintiff company failed to disclose filing and pending of adjudication of cases in its pleadings especially order passed by High Court, whereby the defendant company was permitted to use trade mark "HAJMOLA" on its products---Concealment of fact as to the earlier litigation between same parties, in subsequent suit, is a conduct which disentitles a party to grant of discretionary relief of an injunction---Complete disclosure about previous connected, related or relevant proceedings and orders is essential when a litigant approaches a Court and unless such non-disclosure can be satisfactorily explained, the claimant should not, as a matter of general principle, be granted interim relief---He who comes to equity must come with clean hands---Plaintiff failed to make out prima facie good arguable case for the grant of interim injunctive relief---Application was dismissed, in circumstances. Farooq Ghee and Oils Mills (Pvt.) Ltd. v. Registrar of Trade Marks, Trade Mark Registry and others 2015 SCMR 1230; Messrs Bengal Waterproof Limited v. Messrs Bombay Waterproof Manufacturing Company and another AIR 1997 SC 1398; Muhammad Ashraf and 3 others v. Muhammad Latif 2005 YLR 756; Muhammad Qasim v. Razia Begum and 5 others 2012 CLC 1118; Bayer AG. through Authorized Signatory v. Bayhealth Care (Private) Limited through Chief Executive Director, Company Secretary and another 2013 CLD 2087; Messrs Snowhite Dry Cleaners v. Sufiyan Ahmed 2013 CLD 57; Roznama Hamdard…

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