Law: Trade Marks Act, (V of 1940)

Section: 25

Trade Marks Act (V oaf 1940)--S. 25--Customs Act (IV of 1969), S.15--Civil Procedure Code (V of 1908), O.XXXIX, Rr. 1 & 2--Trade mark--Injunction sought by appellants against respondents to restrain him from using trade mark "Arminius" in respect of revolvers imported by latter from a firm in West Germany-­Arms manufactured by same German firm already being imported by various dealers of arms and ammunition in Pakistan--Subsequent registration of trade mark "ARMINIUS" in Pakistan in favour of petitioner no bar against any other dealer in Pakistan--Prohibition in S. 15(e), Customs Act, 1969, would not apply if name or trade mark is accompanied by a definite indication of goods having been made or produced outside Pakistan--No prima facie case, therefore, held, made out for grant of injunction--Order of Court refusing grant of injunction unexceptionable in circumstances. Anwar v. The Golden Pen Manufacturing Co. P L D 1955 Sind ORDER The appellant/ petitioner filed a suit before the learned District Judge, Lahore (original jurisdiction) against the respondent for permanent injunction restraining respondent No.l from using the trade mark 'ARMINIUS'. He claimed that he was proprietor of registered trade mark 'ARMINIUS bearing No. 45724, dated 6-8-1966 and thus has the exclusive right to use the said trade mark in respect of arms and ammunition manufactured or imported by him. It is further alleged that respondent No.l who too is a trader of Lahore dealing in arms and ammunition has committed an act of piracy by importing low quality goods i.e. 105 revolvers from abroad with trade mark 'ARMINIUS' on them. The goods are admittedly in the custody of the Collector Customs viz. respondent No.2 at the moment. It was pleaded that defendant No.l had no right to import and sell. arms and ammunition bearing trade mark 'ARMINIUS' and similarly defendant No.2 could not legally hand over the said goods to defendant No.l. 2. Alongwith the suit, the appellant /petitioner submitted an application before the learned trial Court seeking issuance of temporary injunction against the respondents. The learned Additional District Judge who was seized of the matter has, vide his…

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