Law: Trade Marks Ordinance, 2001

Section: 114

Law: Civil Procedure Code (V of 1908)

Section: 1,2

Trade Marks Ordinance (XIX of 2001)--- ----S. 114---Civil Procedure Code (V of 1908), O. XXXIX, Rr. 1 & 2---Suit for trade mark infringement---Interim injunction---Bona fide owner and prior use---Proof---Trade mark in question was owned by partnership concern and prior or bona fide usage of the trade mark by respondent/plaintiff was denied by appellant/defendant in written statement---Intellectual Property Tribunal restrained appellant / defendant from using trade mark in question---Validity---Interim injunction, by its nature, is a preventive relief preserving status quo of subject matter till final conclusion of the suit---After ascertaining prima facie case, by assessing relevant documents if available, Courts must see existence of remaining two factors of balance of convenience and irreparable loss or injury---Preventive relief, in such circumstances and in the cases of unregistered marks, should not be granted as a matter of course and it is suitable when existence of right by prior use or its creation as well as its infringement are demonstrated with some clarity---High Court set aside order passed by the Tribunal as three ingredients required for grant of interim injunction were not co-existing---Appeal was allowed, in circumstances. Messrs Unique School v. Messrs Unique Group of Institutions 2015 CLD 1297; Pioneer Cement Limited through Company Secretary v. Fecto Cement Limited through Chief Executive Officer and 3 others 2013 CLD 201; Qadeer Ahmed v. The Assistant Registrar of Trade Marks, The Trade Marks Registry and another 1999 YLR 96; Muhammad Kashan v. Coca Cola Export Corporation through Chief Executive Officer and 3 others 2015 CLD 1513; Yaqoob v. Additional Settlement Commissioner, Karachi and 2 others 1973 SCMR 116 and Kohinoor Soap and Detergents (Private) Ltd through Chief Executive of the Company v. Basra Soap Factory and 4 others 2002 CLD 1223 rel. JUDGMENT SULTAN TANVIR AHMAD, J.---This appeal, under section 114 of Trade Marks Ordinance, 2001 (the 'Ordinance'), is directed against order dated 28.01.2020 passed under Order XXXIX, Rules 1 and 2 of the Code of Civil Procedure, 1908 (the 'Code') by learned Presiding Officer, Intellectual…

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