Law: Trade Marks Act, (V of 1940)

Section: 73

Trade Marks Act (V of 1940)---S. 73---Suit for infringement of trade mark and for passing off action---Valid authority to institute such suit---Question about the valid authority qua the institution of such suit is that of fact, having legal implication, but such fact could only be determined by the Trial Court after framing of the issues and recording of the evidence, in the absence of which, the is illegal and cannot sustain. JUDGMENT MIAN SAQIB NISAR, J.---The appellants, filed a suit against the respondent for the infringement of their trade mark and for passing off action. 2. The respondent contested the matter by filing a written statement and, inter alia, took up the plea, that the suit has not been filed by an authorized person. However, the learned trial Court while considering the application for the grant of temporary injunction, dismissed the suit as well as holding that the same has not been instituted by an authorized person. 3. The learned counsel for the appellants contends that according to the record, the power of attorney of appellant No.1 in the name of appellant No.2, duly authorizing him to file the suit, .was available on the record and this vital document has been glaringly overlooked by the learned trial Court. He also submits…

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