Law: Trade Marks Act, (V of 1940)

Section: 21

(a) Trade Marks Act (V of 1940)---Ss. 21 & 73---Copyright Ordinance (XXXIV of 1962), Ss. 39 & 41---Civil Procedure Code (V of 1908), O.XXXIX, Rr. 1 & 2---Suit for infringement of trade mark and damages---Interim injunction--­Order granting injunction would not be erroneous, where damages were also claimed---Usurping of goodwill of trademark by defendant, who, prima facie, had no right under Copyright Ordinance, 1962, would be unjust. Shahjehan Khan v. Muhammad Tariq 2002 CLC 571; Plasticrafters Ltd. v. Maniar Industries Ltd. 1980 CLC 812; Abdus Subhan v. Khurshid 2000 YLR 2.898 and Exide Pakistan Ltd. v. Pakistan Accumulator (Pvt.) Ltd. 2003 CLD 1117 ref. (b) Trade Marks Act (V of 1940)-- ----Ss.21 & 73---Copyright Ordinance (XXXIV of 1962), Ss. 39 & 41---Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2---Suit for infringement of trade mark---Interim injunction, grant, of--­Pendency of appeal preferred by defendant against order of Copyright Board would not restrict the Court from granting injunction, if plaintiff was otherwise entitled thereto---Person prima facie having no legal right could not be allowed to continue his business. (c) Trade Marks Act (V of 1940)--- ----Ss.21 & 73---Copyright Ordinance (XXXIV of 1962), Ss. 39 & 41---Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2---Suit for infringement of trade mark ---Pendency of appeal filed by defendant against acceptance of rectification application of plaintiff by Copyright Board---Order of the Court granting interim injunction to plaintiff---Effect---Such order Was tentative in nature and would not prejudice either party before Registrar, Trade Marks or before any forum---Defendants would be at liberty to lead evidence to establish their legal right to do business. JUDGMENT AMIR HANI MUSLIM, J.--Through these proceedings, the appellants have impugned order dated 23-5-2004 passed by the learned Single Judge in Suit No.677 of 2001, filed by the respondent, allowing the injunction application of the respondent observing therein that the respondent in terms of section 21 of the Trade Marks Act have right to use the Trade Mark which is subject-matter of this appeal,…

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