Law: Trade Marks Act, (V of 1940)

Section: 16

Trade Marks Act (V of 1940)--Ss. 16, 21, 26, 57, 73 & 76---Registration of Trade Mark--Infringement of registered Trade Mark---Suit against---Plaintiff, was engaged in manufacture of sweetmeat commonly known as 'Multani Sohan Halva' since before independence of the country and Trade Mark was also registered in his favour---Defendant, a former employee of plaintiff, after leaving service of plaintiff, started manufacturing and selling said product under words 'Hafiz Ka Multani Sohan Halva'---Goods were being sold by defendant in packets which bore same inscription, colour and design as registered design of plaintiff, which act of defendant constituted infringement of plaintiffs registered Trade Mark/name---Plaintiff in his suit filed against infringement of his registered Trade Mark, also sought restraining defendant from selling disputed goods in packets and other identical packets inscribed with name 'Hafi.z' design, colour and general get-up resembling in material particulars with said registered Trade Mark---Trial Court after Comparing name of goods concerned, packet in which same were being sold, inscription, colour and design had arrived at the conclusion that public at large would be confused and misled---Wrapper used by defendant was absolutely similar to wrapper used by plaintiff----Appellate Court agreed with the opinion formed by Trial Court upon a comparison of said two sets of wrappers and tins in which goods were being sold---Word 'Hafiz' was adopted by plaintiff as registered proprietor in the year 1963 and worked thereon since then continuously and without any interruption---Defendant could not come out with the plea that word 'Hafiz' had become 'public juris'---Appeal filed by defendant against of the Trial Court, was dismissed, in circumstances. The National Electric Fans Manufacturers (Regd.), Gujrat v. S. Muhammad Din and Sons Ltd., Lahore 1980 SCMR 97; Multani Sohan Halva, Hussain Aghahi Multan v. Registrar of Trade Marks, Karachi and another 1987 CLC 1448; Bashir Ahmad v. Registered Firm Hafiz Habib-ur-Rehman and another 1980 CLC 1268 and National Starch Manufacturing Co. v. Munn's Patent Maizena and Starch Co. 1984 A. 275/63 LJPC 112…

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