Case Details

Citation(s)
2000 SLG 1838 2000 SLD 1838 2000 CLC 547
Lahore High Court
First Appeal from Order No.291 of 1999, heard on 6-12-1999
SYED NAJAMULHASSAN KAZMI, J
Syed Muhammad Zafar Babar for Appellant. Shaharyar Sheikh with Javed Safdar Tanwiri for
Respondent

LAHORE CHEMICAL AND PHARMACEUTICAL WORKS LTD., LAHORE, PAKISTAN

VS

UNILEVER N.V., NETHERLAND

Law:

Section:

Specific Relief Act (I of 1577)----Ss. 54 & 55---Civil Procedure Code (V of 1908), O.XXXIX, Rr.1, 2 & O.XLIII, R.1(r)---Suit for permanent and mandatory injunction---Agreement whereunder appellant was allowed to manufacture and sell products of respondent, was subsequently terminated and notice of said termination was duly served upon the appellant---Appellant, despite knowledge of termination of agreement, continued to sell products of respondent---Respondent filed suit for permanent and mandatory injunction against appellant alongwith application for temporary injunction which was accepted by Trial Court--­Validity---Appellant, after termination of agreement, could neither manufacture products of respondent nor could make use of its trade mark--­Respondent in circumstances had a prima facie case for grant of injunction--­Appellant prima facie did not have any right to infringe trade make of respondent or make use of its insignia, in view of termination of agreement providing agency rights---Refusal to grant injunction against appellant was bound to cause inconvenience and irreparable loss to respondent---Injunction, in circumstances, was rightly granted by Trial Court in favour of respondent---Appellant having failed to point out any legal infirmity in the order of Trial Court and discretion having been exercised by Court on sound judicial principles, no ground existed for interference in the said order. Tektronix Incorporated v. M. Abdul Mannan PLD 1973 Kar. 14 and Cooper's Incorporated (now named Jockey International Inc.) v. Pakistan General Stores and another 1981 SCMR 1039 ref. JUDGMENT This appeal arises from order, dated 2-7-1999 of the learned Additional District Judge, Lahore, by which application for the grant of temporary injunction was allowed. 2. Suit for permanent injunction, to restrain the defendant from manufacturing, formulating, processing, selling, offering for sale or advertising under any trade marks of the respondent or its predecessor-in-­interest's goods, in respect of which the trade marks were registered or used, from infringing the trade mark of the respondent through the use of identical mark or trade mark with…
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