| Case ID |
1634afd4-bbe9-4029-a296-6be2e91fead0 |
| Body |
View case body. Login to View |
| Case Number |
J. Misc. No. 59 of 1992 |
| Decision Date |
Jan 14, 1998 |
| Hearing Date |
|
| Decision |
The petition for rectification of the registered trade mark 'Medicam' was dismissed due to lack of maintainability and merit. The petitioner, English Laboratories (Pvt.) Ltd., claimed that their application for the product 'English Medipac' was wrongfully contested by the respondents, who registered 'Medicam'. The court found that the names were not similar enough to confuse consumers and that the petitioner had no vested rights to challenge the existing registration. The court emphasized the importance of fair competition and noted that both parties could operate their businesses without infringing on each other's rights. |
| Summary |
In the case between English Laboratories (Pvt.) Ltd. and M/S. Chas A. Mendoza Pharmaceutical Laboratories, the Sindh High Court addressed the petitioner's request to rectify the trademark registration of 'Medicam'. The petitioner argued that their product 'English Medipac' was being unfairly hindered due to the respondents' prior registration of 'Medicam', which the petitioner claimed was not distinctive and obtained through fraud. The court dismissed the petition, highlighting that the names were distinct in their presentation and that the registration of 'Medicam' did not violate any of the petitioner's rights. The decision underscored the principles of trademark law, emphasizing the need for distinctiveness and the public interest in trademark registrations. The court encouraged both parties to engage in fair competition rather than pursue litigation. This case illustrates the complexities of trademark disputes, the importance of distinctiveness in brand names, and the court's role in balancing the interests of competing businesses. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
RANA BHAQWAN DAS, J
|
| Lawyers |
Not available
|
| Petitioners |
English Laboratories (Pvt.) Ltd.
|
| Respondents |
M/S. Chas A. Mendoza Pharmaceutical Laboratories And Another
|
| Citations |
2000 SLD 2261,
2000 PCTLR 446
|
| Other Citations |
Bubble Up Company v. Seven Up (PLD 1975 Karachi 582),
Pakistan Tobacco Company v. West End Tobacco Company (1992 CLC 1728),
Badre Munir Chemical Works v. Muhammad Din (1991 CLC Note 113)
|
| Laws Involved |
Trade Marks Act, 1940
|
| Sections |
46,
72,
6,
9
|