Law: Civil Procedure Code (V of 1908)

Section: Order XXXIX, Rules 1 & 2

Law: Trade Marks Ordinance, 2001

Section: 39(2)

JUDGMENT SHEET

  MIANGUL HASSAN AURANGZEB, J:- Through the instant First Appeal, the appellant Rani Foods (Pvt.) Limited, impugns the Order dated 10.04.2013, passed by the Court of learned Additional District Judge, Islamabad, whereby respondent's application under Order XXXIX, Rules 1 & 2 of the Code of Civil Procedure, 1908 ("C.P.C.")  was allowed, and the appellant was restrained from "using or advertising the badge/ Mark RANI in respect of beverages including juices and drinks of any type, or selling any such goods bearing the trademark RANI".

2.               At the very outset, the learned counsel for the appellant submitted that the appeal had been rendered infructuous, because the appellant was no longer selling its products bearing the trademark, 'RANI' and that after obtaining a certificate of registration of trademark 'Fruit Edge', the appellant is selling its products bearing the said trademark.