| Case ID |
047cc79d-2d13-48e6-9641-417c221d45a6 |
| Body |
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| Case Number |
F.A.O. No. 76 of 2021 |
| Decision Date |
Jan 19, 2022 |
| Hearing Date |
|
| Decision |
The Islamabad High Court dismissed the appeal filed by Nauman Safdar against the order of the Intellectual Property Tribunal. The Tribunal had granted an interim injunction preventing Nauman Safdar from using the trade mark 'CITI LAB'. The court found that the services offered by both parties were identical, leading to confusion and deception among the public. The court ruled that the appellant's use of the name would be detrimental to the respondent's registered trade mark, which had been in use since 2000. The High Court upheld the Tribunal's decision as there was no illegality in the order. |
| Summary |
In the case of Nauman Safdar vs. CITI LAB, the Islamabad High Court addressed the issue of trade mark infringement under the Trade Marks Ordinance, 2001. The appellant, Nauman Safdar, who operated a business under the name 'CITI LAB and Research Center', challenged the Intellectual Property Tribunal's decision to grant an interim injunction in favor of the respondent, CITI LAB (Computerized Innovative Tests and Investigation Lab). The Tribunal found that the use of the trade mark 'CITI LAB' by the appellant was likely to cause confusion among consumers, as both parties provided similar medical and laboratory services. The court noted that the respondent had a registered trade mark since 2000, and the appellant's activities could undermine the distinctiveness of that mark. The High Court concluded that the Tribunal acted within its jurisdiction and declined to interfere with the order, ultimately dismissing the appeal. This case highlights the importance of protecting registered trade marks and the legal implications of using a similar mark in a relevant industry. |
| Court |
Islamabad High Court
|
| Entities Involved |
|
| Judges |
Miangul Hassan Aurangzeb
|
| Lawyers |
Misbah-ul-Mustafa,
Shaharyar Sohail
|
| Petitioners |
Nauman Safdar
|
| Respondents |
CITI LAB (COMPUTERIZED INNOVATIVE TESTS AND INVESTIGATION LAB)
|
| Citations |
2023 SLD 2162 = 2023 CLD 1324
|
| Other Citations |
Soneri Travel and Tours Ltd. v. Soneri Bank Limited 2011 CLD 193,
Shan Foods Industries v. Eastern Products (Pvt.) Ltd. 2012 SCMR 1504
|
| Laws Involved |
Trade Marks Ordinance, 2001
|
| Sections |
40
|