Law: Trade Marks Act, (V of 1940)

Section: 21

(a) Trade Marks Act (V of 1940)------S.21--Infringement of unregistered trade mark--Remedy--­Plaintiff could press his claim only for a passing-off action. (b) Trade Marks Act (V of 1940)--Ss. 20 & 21----Civil Procedure Code (V of 1908), O.XXXIX, Rr. 1 & 2---Suit for infringement of unregistered trade mark--­Temporary injunction, grant of---Plaintiffs mark was `Zeera Plus", while defendant with mark `Gluco" added underneath the word `Plus"---Plaintiff claimed mark 'Plus" as an essential feature of its products, which defendant could not adopt alongwith the word `Gluco'-Validity-Both marks after putting them together and viewing in totality were found quite dissimilar and distinctive---Record showed parallel use of mark `Plus" by both parties for same period---Plaintiffs claim not founded on registered mark could be pressed only for a passing off action-­Plaintiff had not shown sufficiently long use of such mark--­ Plaintiff could not substantiate claim of deception allegedly practised by defendant---Mark "Plus" was not reflective of distinctive feature reputed to be attached with plaintiffs mark `Zeera'---Both parties had been using mark "Plus" in laudatory and non-distinctive sense referring to something more than general reputed or known to be contained in their respective pry-plaintiff by using `Zeera Plus' with its products had claimed `Zeera' to be more in quantity than generally was Defendant had used "Plus" to denote additional nutrient in its products `Gluco Plus'-Both marks were quite different and easily distinguishable, thus, there was no likelihood of confusion or deception from unwary purchaser's point of view­ Applications of both panties seeking registration were pending before Registrar-Plaintiff had prima facie no case for grant of injunction Application for temporary injunction did not merit consideration on account of delay of 1-½ years in filing suit after alleged use of mark `Gluoo Plus' by defendant Application for temporary injunction was dismissed in cites. Shahid Mirza v. Merloni Finanziaria S.P.A. and another PLD 1991 Kan 425; Zakauddin v. Muhammad Zahid and 2 others PLD 1993 Kar. 766; Century Traders v. Roshan Lal Duggar &…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492