| Citation(s) |
|---|
| 1987 SLG 416 1987 SLD 416 1987 SCMR 1090 |
Supreme Court of Pakistan
Civil Appeals Nos. 63 of 1987 and 293 and 294 of 1986, heardon 24-03-1987.(Against the Judgment and Order of the LahoreHigh Court, Rawalpindi Bench, dated 28-1-1987 in F.A.O. No.1/87 and of the Sind High Court, Karachi, dated 24-12-1985in. M.As. No. 2
MUHAMMAD HALEEM, C.J., NASIM HASAN SHAH, SHAFIUR RAHMAN, JAVID IQBAL AND ALI HUSSAIN QAZILBASH, JJ
S.M. Zafar, Senior Advocate Supreme Court instructed by Manzoor Elahi, Advocate-on-Record for Appellant (in Civil Appeal No. 63 of 1987). Abid Hassan Minto, Advocate Supreme Court with Abdul Shakoor Paracha, Advocate Supreme Court instructed by Ch. Akhtar
Civil Appeals Nos. 63 of 1987 and 293 and 294 of 1986, heardon 24-03-1987.(Against the Judgment and Order of the LahoreHigh Court, Rawalpindi Bench, dated 28-1-1987 in F.A.O. No.1/87 and of the Sind High Court, Karachi, dated 24-12-1985in. M.As. No. 2
MUHAMMAD HALEEM, C.J., NASIM HASAN SHAH, SHAFIUR RAHMAN, JAVID IQBAL AND ALI HUSSAIN QAZILBASH, JJ
S.M. Zafar, Senior Advocate Supreme Court instructed by Manzoor Elahi, Advocate-on-Record for Appellant (in Civil Appeal No. 63 of 1987). Abid Hassan Minto, Advocate Supreme Court with Abdul Shakoor Paracha, Advocate Supreme Court instructed by Ch. Akhtar
Messrs TABAQ RESTAURANT
VS
Messrs TABAQ RESTAURANT
Law:
Section:
(a) Trade Marks Act (V of 1940)-----Ss. 20(2) & 76--Civil Procedure Code (V of 1908), S.15--Specific Act (I of 1877), S. 54--Constitution of Pakistan (1973), Art. 185(3)--Trade mark, registration of--Suit for permanent injunction restraining respondents from opening its business in plaintiffs trade name--Proper forum--Leave to appeal granted to consider contention that suit was in fact a suit relating to right protected under S. 20(2) of the Act and a suit on that subject had to be instituted in the civil Court of lowest grade and not District Court. (b) Trade Marks Act (V of 1940)-- ---Ss. 20(2) & 76--Civil Procedure Code (V of 1903), O.XXXIX, Rr. 1 & 2--Trade mark, registration of--Interim order passed by District Judge--Leave to appeal granted to examine whether interim order of the District Judge passed in a suit was modified by the High Court on correct principles. (c) Trade Marks Act (V of 1940)-- ---Preamble--Specific Relief Act (I of 1877), S. 54--Penal Code (XLV of 1860) , Ss. 478 to 486--Trade mark is property and a right in it is ownership, the property being incorporeal. The right in the trade mark existed even prior to the Act and that it was property and the rights in it remained protected admits of no serious doubt. Trade mark has been treated as property and right in it as ownership, the property being incorporeal. He who by his skill and labour establishes a business acquires thereby an interest in the goodwill of it, that is to say, in the established disposition of customers to resort to him. To this goodwill he has an exclusive right which is violated by any one who seeks to make use of it for his own advantages, as by falsely representing to the public that he is himself carrying on the business in question. Special forms of this right of commercial goodwill are rights to trade names and trade marks. Every man has an exclusive right to the name under which he carries on business or sells his goods to this extent at least that no one is at liberty to use that name for the purpose of deceiving the public and so injuring the owner of it. He has a similar right to the exclusive use of the marks which he impresses upon his goods, and by which…
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