Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX, Rr. 1 & 2

Law: Trade Marks Act 1994

Section: 21,25

(a) Civil Procedure Code (V of 1908)---O.XXXIX, Rr. 1 & 2---Temporary injunction---Grant or refusal of---Basic principles.The well-settled temporary injunction are; firstly, whether the plaintiff has prima facie good case; secondly, whether the balance of convenience lies in favour of grant of injunction; and lastly, whether the plaintiff would suffer irreparable loss, if the injunction is refused. These principles are to be applied on the basis of facts and circumstances of the case. (b) Trade Marks Act (V of 1940)-------S.21---Provision of S.21 of Trade Marks Act, 1940---Scope--�Section 21 provides remedy to owner of trade mark in case of its infringement in stated circumstances. (c) Trade Marks Act (V of 1940)-------S.21---Party seeking to enforce his right to trade mark--�Essential conditions to be satisfied highlighted.A party seeking to enforce his right to a trade mark has to show: (1) trading in his own name with the mark; (2) a certain amount of popularity, which would persuade someone to disadvantage of its good reputation or popularity; (3) that another person uses a mark; (4) identical with it or so nearly resembling it as to be likely to deceive or cause confusion, in the course of trade, in relation to goods in respect of which it is registered; (5) in such manner as to render the use of that mark likely to be taken to import a reference to the proprietor of the mark or import a reference to goods with which a proprietor is connected in the course of a trade. (d) Trade Marks Act (V of 1940)---Ss. 21 & 25---Adoption of trade mark of foreign origin by non�proprietor---Scope ---Non-selling of products by owner of foreign trade mark in Pakistan due to import restrictions would not entitle non proprietor to copy the same as by doing so, non�proprietor would be deceiving public into thinking that its products were products of the owner of foreign trade mark--�Court has condemned adoption of foreign trade mark and such use would be taken as dishonest use. Messrs Pakistan General Stores, Karachi v. Messrs Cooper's Incorporated, Karachi PLD 1973 Note 61 at p. 82 ref.Cooper's Incorporated v. Pakistan General Stores and…