Law: Trade Marks Ordinance (XIX of 2001)

Section: 40

Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX,Rr.1,2

Law: Registered Designs Ordinance, 2000

Section: 30

(a) Trade Marks Ordinance (XIX of 2001)--S. 40---Registered Designs Ordinance (XLV of 2000), S.30---Civil Procedure Code (V of 1908), O. XXXIX, Rr. 1 & 2---Suit for infringement of registered design---Design being used by defendant on its product alleged to be similar in all respects with registered design of plaintiff--Temporary injunction, plaintiffs application for---Validity---Plaintiffs design was duly registered with Registrar of Designs and was its lawful owner and using same since its registration---Defendant had failed to show to have imported infringed design---Both designs appeared to be similar to each other. and capable of creating confusion and deception in mind of general public---Resemblance in two designs would be sufficient to establish infringement, but similarity thereof to each other in all respects would not be necessary---Plaintiff had a prima facie case for grant of injunction---Balance of convenience was in favour of plaintiff who would suffer irreparable loss in case of refusal of injunction---Such application was accepted in circumstances. Tajuddin v. Haji Mushtaq and another 1985 CLC 2182 ref. Dwarkadas Dhanji Sha v. Chhotalal Ravicarandas & Co. AIR 1941 Bombay 188 rel. (b) Registered Designs Ordinance (XLV of 2000)--- ----S. 30---Design, infringement of---Proof---Resemblance in two designs would be sufficient to establish infringement, but similarity thereof to each other in all respects would not be necessary. Dwarkadas Dhanji Sha v. Chhotalal Ravicarandas & Co. AIR 1941 Bombay 188 rel. ORDER C.M.A. Nos. 495 and 496 of 2011 SYED HASAN AZHAR RIZVI, J.---In this suit for declaration, appointment of receiver, injunction, rendition of accounts, injunction and damages filed against defendants for infringement of trade mark copyright of the plaintiffs in respect of their product 'POINTER' being sold in the market under the trademark 'DOLLAR", the plaintiff has filed C.M.A. No. 496 of 2011 under Order XXXIX, Rules 1 and 2 read with section 151, C.P.C. and has prayed for grant of temporary injunction pending the decision of the suit to restrain the defendants, their agents, men, representatives and stockiest from purchasing,…

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