| Case ID |
0fe391d1-5cb8-4d6f-8f2a-c7db8bce8909 |
| Body |
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| Case Number |
Civil Petitions Nos.364-Q of 1999 and 104-Q of 200 |
| Decision Date |
Feb 23, 2001 |
| Hearing Date |
Dec 14, 2000 |
| Decision |
The Supreme Court upheld the decision of the High Court, which had issued an interim injunction in favor of the respondent, Chiltan Ghee Mills, restraining the petitioner from using the trade mark 'Pak Chiltan' or any similar mark that could deceive customers. The Court emphasized the importance of the total impact of the mark on a common purchaser and affirmed that even if a trade mark is pending registration, a strong prima facie case can still warrant an injunction. The Court found that the petitioner’s mark was likely to cause confusion with the respondent's established mark, thus supporting the respondent's claim for protection against infringement and passing off. |
| Summary |
This case revolves around the trademark dispute between two ghee mills in Pakistan, focusing on the legality of the use of similar trade marks that could mislead consumers. The Supreme Court of Pakistan analyzed the provisions under the Trade Marks Act, 1940, particularly sections dealing with infringement and passing off. The Court noted that the respondent, Chiltan Ghee Mills, has been using its trade mark since 1974, while the petitioner started using a similar mark, 'Pak Chiltan', in 1996. The judgment highlighted the need for a thorough comparison of the marks to determine their similarity and potential for confusion in the marketplace. The ruling reinforced the principle that a mark does not need to be identical for infringement to occur; even the resemblance of essential features can suffice. The Court ultimately dismissed the petitions filed by Mehran Ghee Mills, emphasizing the protection of established trademarks and the prevention of unfair competition in the market. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Messrs Mehran Ghee Mills (Pvt.) Limited,
Messrs Chiltan Ghee Mill (Pvt.) Limited,
Pakistan Standard Institution
|
| Judges |
Muhammad Bashir,
Jehangiri,
Nazim Hussain Siddiqui
|
| Lawyers |
Basharatullah, Senior Advocate Supreme Court
|
| Petitioners |
Messrs Mehran Ghee Mills (Pvt.) Limited
|
| Respondents |
Messrs Chiltan Ghee Mill (Pvt.) Limited
|
| Citations |
2001 SLD 1434,
2001 SCMR 967
|
| Other Citations |
P.L. Anwar Basha v. M, Natarajan AIR 1980 Mad. 56,
Ferozuddin v. Muhammad Shafi and another PLD 1975 Kar. 486
|
| Laws Involved |
Trade Marks Act (V of 1940)
|
| Sections |
22,
23,
20(2),
2(f),
2(t)
|