| Case ID |
0a728ba8-3d2d-4078-b67c-7668f7d96a14 |
| Body |
View case body. Login to View |
| Case Number |
Suit No. 20 and C.M.A. No. 83 of 2018 |
| Decision Date |
Oct 08, 2018 |
| Hearing Date |
|
| Decision |
The Intellectual Property Tribunal recalled the Ad Interim order dated 03.05.2018, which had restrained the Defendant from using the trademark 'Brands 4 Less'. The Tribunal found that the Plaintiff failed to establish a prima facie case, balance of convenience, and irreparable loss required for an injunction. The Plaintiff, while being the owner of a well-known mark, could not establish the necessary grounds for injunctive relief. The decision emphasized that while the owner of a well-known mark could bring a suit for infringement, they still needed to prove the other essential ingredients for an injunction. Therefore, the Tribunal vacated the interim relief granted earlier, allowing the Defendant to continue using their trademark. |
| Summary |
This case revolves around the trademark dispute between BRANDS FOR LESS L.L.C. and BRANDS 4 LESS. The Intellectual Property Tribunal examined the request for an injunction against the Defendant's use of the trademark 'Brands 4 Less'. The Tribunal noted that the Plaintiff did not sufficiently demonstrate the essential elements required for granting an injunction, specifically the prima facie case, balance of convenience, and evidence of irreparable loss. Despite the Plaintiff's claim of owning a well-known mark, the Tribunal concluded that without fulfilling all necessary criteria, the injunction could not be sustained. This case highlights the complexities involved in trademark law, particularly concerning the requirements for injunctions and the rights of trademark owners, even when not registered. The decision underscores the importance of establishing a strong case in trademark disputes, which is crucial for legal practitioners in intellectual property law. |
| Court |
Intellectual Property Tribunal
|
| Entities Involved |
BRANDS FOR LESS L.L.C.,
BRANDS 4 LESS THROUGH PROPRIETOR/PARTNER/OWNER
|
| Judges |
SHAKIL AHMED ABBASI
|
| Lawyers |
Anas Habib Magoon,
Talib Ali Shah,
Saifullah Sachwani,
Haroon Khan
|
| Petitioners |
BRANDS FOR LESS L.L.C.
|
| Respondents |
BRANDS 4 LESS THROUGH PROPRIETOR/PARTNER/OWNER
|
| Citations |
2019 SLD 583,
2019 CLD 146
|
| Other Citations |
Pioneer Cement v. Fecto Cement Ltd. PLD 2013 Lah. 110,
Tabaq Restaurant v. Tabaq Restaurant 1987 SCMR 1090,
ARC International v. Ahmed Mansoor 2012 CLD 226,
Dalda Foods (Pvt.) Ltd. v. Messrs Shield Corporation Limited 2016 CLD 1864,
El-Baik Food Systems v. Al-Baik Suit No. 35 of 2007
|
| Laws Involved |
Trade Mark Ordinance, 2001
|
| Sections |
82,
86
|