| Case ID |
1536f820-26c5-42dc-af32-541a2834354a |
| Body |
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| Case Number |
Suit Nos. 1461 and 1584 of 2013 |
| Decision Date |
Jan 19, 2015 |
| Hearing Date |
|
| Decision |
The court dismissed the applications for interim injunctive relief filed by both Independent Media Corporation (IMC) and Axact. The ruling emphasized that IMC failed to establish a prima facie case for being the registered proprietor of the trademark 'Bol' due to doubts raised about the validity of the registration certificate. The court directed that any applications for trademark registration must be properly examined and the exceptional circumstances for advertisement before acceptance must be clearly stated. The Registrar was ordered to follow due process in future applications to ensure compliance with the law. |
| Summary |
This case involves a trademark dispute between Independent Media Corporation (IMC) and Axact concerning the use of the trademark 'Bol'. IMC claims to be the registered proprietor of the trademark in class 41, while Axact contests this claim, alleging that IMC has manipulated the official record to establish a false right. The court examined the evidence, including the registration certificate and statements from the Registrar, and concluded that the certificate's validity could not be verified, leading IMC to fail in establishing its claim. The decision highlights the importance of proper registration protocols and emphasizes the need for transparency and adherence to statutory requirements in trademark law. Keywords: trademark infringement, trademark registration, legal proceedings, Sindh High Court, IMC, Axact, Trade Marks Ordinance. |
| Court |
Sindh High Court
|
| Entities Involved |
Independent Media Corporation (Private) Limited,
Intellectual Property Organization of Pakistan,
Registrar of Trade Marks,
Axact (Private) Limited
|
| Judges |
MUNIB AKHTAR, J
|
| Lawyers |
Khurram Gul Ghory,
Mirza Mehmood Baig,
Asim Mansoor Khan,
Anwar Mansoor Khan,
Salman Shaikh,
Imdad Ali,
Monawwer Ghani
|
| Petitioners |
INDEPENDENT MEDIA CORPORATION (PRIVATE) LIMITED through Authorized Signatory
|
| Respondents |
SHOAIB AHMED SHEIKH and 9 others
|
| Citations |
2015 SLD 2873,
2015 CLD 1448
|
| Other Citations |
Not available
|
| Laws Involved |
Trade Marks Ordinance (XIX of 2001),
Civil Procedure Code (V of 1908),
Trade Marks Rules, 2004,
Trade Marks Act (V of 1940)
|
| Sections |
11,
33,
43,
7(2),
27,
28
|