| Case ID |
15968cad-1d63-486d-aebe-ff798d70d0c1 |
| Body |
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| Case Number |
Civil Appeal. 84-K of 1986 |
| Decision Date |
Sep 22, 1988 |
| Hearing Date |
Sep 07, 1988 |
| Decision |
The Supreme Court dismissed the appeal by Formica Corporation against the decision of the High Court which had refused to grant a temporary injunction against Pakistan Formica Ltd. The court found that the appellant did not establish a prima facie case of trademark infringement. The evidence presented did not demonstrate any likelihood of confusion or deception among consumers regarding the products sold by the respondent. The court noted that while the name 'Formica' was associated with the appellant, it had not established that the name had significant recognition in Pakistan. Therefore, the use of the name 'Pakistan Formica Ltd.' by the respondent was not likely to mislead consumers. |
| Summary |
This case revolves around a trademark dispute between Formica Corporation, an American company known for its laminated plastic products, and Pakistan Formica Ltd., which adopted a similar name in 1981. The Supreme Court of Pakistan ruled on the appeal regarding the High Court's decision to deny a temporary injunction against the latter for alleged trademark infringement. The Court examined whether the use of 'Formica' by the respondent could confuse consumers and infringe on the appellant's trademark rights. Despite the appellant's significant reputation and sales abroad, the Court found insufficient evidence of confusion in the local market. The Court emphasized that a strong prima facie case and balance of convenience were essential for granting injunctions in trademark cases, leading to the dismissal of the appeal. This decision highlights the importance of establishing local recognition of trademarks and the necessity of demonstrating actual confusion in trademark infringement claims. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Formica Corporation,
Pakistan Formica Ltd.
|
| Judges |
Nasim Hasan Shah,
Javid Iqbal,
Usman Ali Shah
|
| Lawyers |
Khalid Anwar, Advocate Supreme Court,
S.M. Abbas, Advocate-on-Record for Appellant,
Khalid Ishaque, Advocate Supreme Court,
Nizam Ahmad, Advocate-on-Record for Respondent
|
| Petitioners |
Formica Corporation
|
| Respondents |
Pakistan Formica Ltd.
|
| Citations |
1989 SLD 522,
1989 SCMR 361,
1989 SLD 1078
|
| Other Citations |
Ford v. Foster 7 Ch. App. 611
|
| Laws Involved |
Constitution of Pakistan, 1973,
Civil Procedure Code (V of 1908),
Trade Marks Act (V of 1940)
|
| Sections |
185(3),
O. XXXIX, Rr. 1 & 2,
S. 21
|