Case Details

Citation(s)
2010 SLG 691 2010 SLD 691 2010 CLD 1840

File Nos.3 [REG/COMP/BMW/SEC.10/CCP/09 and 4/REG/COMP/H.D/SEC.10 /CCP/09, decision dated: 16-08-2010
RAHAT KAUNAIN HASSAN, CHAIRPERSON
Chaudhary Tayyab Ali and Chaudhary Tahir Mansoor on behalf of ACE Group of Industries. Hassan Irfan Khan, Advocate Supreme Court, Ms. Habeeba Ahmad and Ms. Amina Afzal for the Complainants BMW and Harley Davidson

Law:

Section:

Competition Ordinance (XVI of 2010)--Ss. 10, 30, 37 & 38---Competition Commission (General Enforcement) Regulations, 2007, Regin. 17---Complainant against deceptive marketing practices-Complainants had alleged that a group of Industries was manufacturing offering for sale, selling, exporting leather jackets and was fraudulently and without authorization using complainants' registered trade mark on its products and that such use of complainants' trade mark was fraudulent, mala fide and constituted the acts of "deceptive marketing practices", which was prohibited in terms of S.10 of Competition Ordinance, 2010--Pursuant to said complaints, the Competition Commission appointed Enquiry Officers and initiated the enquiry under S.37 of Competition Commission, 2010 regarding the allegation-Enquiry Officers after analyzing and examining the complaints, concluded the inquiry and in their report and found that though the conduct and attitude of accused company appeared to be innocent and ignorant of special law/Competition Ordinance, 2010, but ignorance of law could not be an excuse Enquiry Officers, in circumstances found that company had violated provisions of S.10(1)(a)(d) of Competition Ordinance, 2010-Competition Commission taking into account recommendations of Inquiry Officers decided to initiate proceedings under S.30 of Competition Ordinance, 2010 and issued show-cause notice to the company-Representative of the company apologized and asserted that being ignorant of existence of such law and unawareness, it had violated the Ordinance by advertising the items bearing the trademark of the complainants-Admission of company, firstly at the inquiry stage and subsequently its undertaking assuring future compliance of the Ordinance, left no doubt that it was using the trade-marks of the other company on the images, available on their website-Plea of ignorance of law taken by the accused company could not be accepted as ignorance of law was no excuse---Deceptive marketing and fraudulent use of trademark by the accused company, was very much capable of harming the business interest of the complainants-Accused company had cooperated throughout the proceedings and even…
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