Law:

Section:

Trade Marks Ordinance (XIX of 2001)-------S.40(4)---Infringement of trade mark---Distinct business---Plaintiff was owner of registered trade mark known as "Hamdard" renowned in the field of Unani medicines, syrups and other goods---Plaintiff also claimed that it was publishing magazines and journals under the name and title of "Hamdard-e-Sehat" and "Hamdard Naunehal"---Plaintiff assailed registration of "The Daily Hamdard" a newspaper, in the name of defendant---Plea raised by defendant was that publishing of newspaper was distinct business and law had not restricted from using such name irrespective of registration of trade mark "Hamdard" of plaintiff---Validity---Registered trade mark was infringed under S.40(4) of Trade Marks Act, 2002, if any person had used in the course of trade mark in relation to goods or services which were not similar to those for which the trade mark was registered when deceptively similar to trade mark used which lead to confusion or deception---Defendant was although publishing daily newspaper with the name "The Daily Hamdard" and plaintiff was publishing monthly magazines under their trade mark of "Hamdard-e-Sehat" and "Hamdard-e-Naunehal" and although both the publications were differently classified but had often same sale points and outlet points and readers are largely of the same category, therefore, element of deception and confusion could not be ignored---Judgment and decree passed by trial Court was set aside and the suit was decreed in favour of plaintiff to the extent that defendant was restrained from infringing plaintiffs registered trade mark "Hamdard" by using the trade mark word "Hamdard" in his publication--Appeal was allowed in circumstances. Messrs Dewan Sugar Mills (Pvt.) Ltd. v. M.B. Abbasi and others 2007 CLD 1610; Seven-up Company v. Kohinoor Thread Ball Factory and 3 others PLD 1990 SC 313 and Alpha Sewing Machine v. Registrar of Trade Marks PLD 1990 SC 1074 rel. Sunkit Growers Inc. v. Messrs Karachi Aerosol Co. Ltd. and another PLD 1987 Kar. 119 and Montres Rolex S.A. Geneva, Switzerland v. Assistant Registrar of Trade marks PLD 1987 Kar. 199 ref. JUDGMENT SYED QALB-I-HASSAN, J.---Brief facts relevant for…

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