Law: Trade Marks Ordinance (XIX of 2001)

Section: 21,43,74

Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX,Rr.1,2

Trade Marks Ordinance (XIX of 2001)---Ss. 21, 43 & 74---Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2---Infringement of registered trade mark and passing off---Suit for damages and permanent injunction---Plaintiffs plea that defendant on its product boxes had adopted similar colour scheme, shades, number, appearance, positioning of letters, get-up, design and all essential and distinctive features of Plaintiffs trade mark, which was causing confusion amongst ordinary illiterate customers--- Interim injunction, application for--- Validity--- Boxes of defendant's products, though not carrying plaintiffs trade mark, were confusingly similar to label device of Plaintiffs boxes---Visual look on defendant's boxes reflected complete resemblance providing similarity of design, scheme, colour and get-up, by which illiterate customers would be misled for taking defendant's product as that of plaintiff---Principle of law and fair commercial trading demanded that deceptive measure should not be adopted to adversely affect good-will and recognition earned by other organizations in trading specific commodity---Defendant could not be allowed to take advantage of plaintiffs goodwill by marketing its goods in impugned boxes---Plaintiff would suffer irreparable loss in case defendant was not restrained from passing its goods as goods of plaintiff during pendency of suit---Plaintiff had made out case for grant of injunction---High Court accepted such application in circumstances. Telephone Soap v. Messrs Lever Brothers 1994 CLC 2135; Bandenawaz Ltd. v. Registrar of Trade Marks, Karachi and another PLD 1967 Kar. 492; Seven-up Company v. Kohinoor Thread Ball Factory and 3 others PLD 1990 SC 313; Messrs Western Brand Tea, Karachi v. Messrs Tapal Tea (Pvt.) Limited Lahore and another PLD 2001 SC 14; Messers Meshran Ghee Mills (Pvt.) Limited and others v. Messrs Chiltan Ghee Mill (Pvt.) Limited and others 2001 SCMR 967; Messrs Chas A. Mendoza v. Syed Tausif Ahmed Zaidi and others PLD 1993 Kar. 790; Bashir Ahmad v. Registered Firm Hafiz Habibur Rehman and another 1980 CLC 1268: Messrs Burney's Inustrial and Commercial Co. Ltd. v. Messrs Rehman Match Works PLD 1983 Kar.…

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