Law: Trade Marks Act, (V of 1940)

Section: 10,21,73

Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX,Rr.1,2

(a) Trade Marks Act (V of 1940) Ss. 10 & 21 Distinctive trade mark Where words had a common suffix, but if earlier portion of those words was different and if 4hey did not conflict, they were distinctive. (b) Trade Marks Act (V of 1940) Ss. 10, 21 & 73 Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2 Suit against infringement of registered trade mark Temporary injunction, grant of Held, in deciding question of prima facie case, it had to be shown that plaintiffs case was primarily based on infringement of registered trade mark. (c) Trade Marks Act (V of 1940)--Ss. 10 & 21 Infringement of registered trade mark Registration of a person in register of proprietor of a trade mark in respect of any goods would give to that person exclusive right to use that trade mark in relation to those goods Such right would be deemed to be infringed when other person would use a mark identical to registered trade mark or nearly resembling said registered trade mark so as to deceive or cause confusion in course of trade in relation to any goods in respect of which trade mark was registered. Insaf Soap Factory v. Lever Brothers Port Sunlight Ltd. PLD 1959 (W.P.) Lah. 381; Ram Kumar Jalan v. R.J. Wood & Co. AIR 1941 Lah. 262; Muhammad Fazil v. Messrs Ashfaq Brothers, Karachi 1981 CLC 1519: Abdul Wahid v. Haji Abdur Rahim and another PLD 1973 SC 104 and (1920) 37 RPC 37 ref. (d) Trade Marks Act (V of 1940) Ss. 10. 21 & 73 Infringement of registered trade mark ¬Suit for Consideration which had to be kept in mind with regard to infringement of registered trade mark was whether a member of public buying products of defendant was likely to be deceived into believing that he was buying goods of plaintiff. Bandenawaz Ltd. v. Registrar of Trade Marks, Karachi and another PLD 1967 Kar. 492 and Aristoc Ltd. v. Rysta Ltd. (1940) 62 RPC 65 ref. (e) Trade Marks Act (V of 1940) Ss. 7, 10, 21 & 73 Infringement of registered trade mark Suit for Colourable imitation Trade Mark "AALI SHAN" was a colorable imitation of plaintiffs registered Trade Mark "SHAN" Get up, design and colour scheme of both trade marks were identical which could cause confusion in market to the…

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