Law:

Section:

Trade Marks Ordinance (XIX of 2001)------S.92---Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2---Application for injunction against different pending suits, for mandatory injunction, damages and rendition of accounts under Trade Marks Ordinance, 2001---On comparison of both the. trade marks in question those were found quite disjunctive to each other, they were also distinctive in their appearance as they had been used in different styles, both the parties had no exclusive rights to the word in dispute which was an adjective and was frequently used in so many varieties and respects and there was difference of price of both the items therefore, deception was not conceivable---Only the plaintiff was not using the word in dispute but others were also using the same---Prima facie, case and balance of convenience, in circumstances, would be in favour of the defendant and not the plaintiff as by granting injunction, defendant would suffer irreparable loss while the plaintiff had already been in the field with other competitors---Injunction as prayed for by the plaintiff, could not be granted in circumstances---Principle. ORDER C.M.A. No.6118 OF 2005 MUNIB AHMAD KHAN, J.--- Through this application the plaintiff has prayed that the defendant may be restrained from using the trade mark Asiahero during pendency of suit as the plaintiff is owner and using trade mark Hero for which he has made application in different classes for registration before Registrar, Trade Mark, which are pending. The learned counsel for the plaintiff has argued that the plaintiff has adopted its own name for its trade mark Hero and has been using it since 1996 and with the association of its Chinese counterpart is carrying out the business since 1997 and is producing Hero Motorcycle with different specification such as 70-CC, 4-stroke, CDI system etc. and that towards use of his trade mark Asiahero it has invested huge amount towards concept, designing and advertising and has earned sufficient goodwill, while registration of its trade mark application in different classes is under process since 1999. He further argued that the plaintiff noticed in July, 2005 that the defendant has…

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