| Case ID |
22354cc7-7467-4d9f-8966-50cdf6690543 |
| Body |
View case body. Login to View |
| Case Number |
First Appeal from Order No.213 of 2012 |
| Decision Date |
Sep 28, 2012 |
| Hearing Date |
Aug 24, 2012 |
| Decision |
The Lahore High Court ruled in favor of the appellant, Pioneer Cement Limited, allowing the appeal against the impugned order dated March 29, 2012. The court found that the appellant had made out a prima facie case for trademark infringement and passing off related to the stylized 'P' logo and Two Elephants device. The court emphasized the importance of prior use in trademark law, concluding that the appellant was the prior user of the disputed trademark. The respondents were restrained from using the appellant's trademark until the final resolution of the suit. The judgment underlined that trademark rights are crucial for businesses, and unauthorized use leads to irreparable harm. The trial court was directed to expedite the case to ensure timely justice. |
| Summary |
This case revolves around trademark infringement and the rights of prior users in trademark law. Pioneer Cement Limited, the appellant, claimed ownership of the trademark stylized 'P' and Two Elephants device, which it has used in its cement products for over two decades. The court examined the relationship between Pioneer Cement and its distributor, respondent No.3, who allegedly began using the trademark after their distributorship ended. The decision emphasized the significance of prior use, particularly in trademark disputes where neither party holds a registered trademark. The court noted that unauthorized use of a trademark can lead to significant and irreparable harm to the original trademark owner's reputation and goodwill. The ruling reinforced the need for clarity in legal pleadings and the importance of a thorough review of evidence in trademark cases. The court ultimately ruled in favor of the appellant, highlighting the balance of convenience and the likelihood of irreparable harm if the trademark was not protected. |
| Court |
Lahore High Court
|
| Entities Involved |
Pioneer Cement Limited,
Fecto Cement Limited,
Shirkat-ul-Faisal
|
| Judges |
MUHAMMAD FARRUKH IRFAN KHAN
|
| Lawyers |
Syed Azeem Abbas Naqvi,
Mian Bilal Ahmad
|
| Petitioners |
PIONEER CEMENT LIMITED THROUGH COMPANY SECRETARY
|
| Respondents |
FECTO CEMENT LIMITED THROUGH CHIEF EXECUTIVE OFFICER AND 3 OTHERS
|
| Citations |
2013 SLD 979 = 2013 CLD 201
|
| Other Citations |
Messrs Ghulam Muhammad Dossul & Co. v. Messrs Vulcan Co. Ltd. and another 1984 SCMR 1024 rel.,
The Welcome Foundation Limited v. Messrs Karachi Chemicals Industries (Private) Limited 2000 YLR 1376,
Mehtabur Rehman v. Saeed Ahmed and 2 others 1986 CLC 348,
Syed Muhammad Maqsood v. Naeem Ali Muhammad 1985 CLC 3015 rel.
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Trade Marks Ordinance (XIX of 2001)
|
| Sections |
14,
5(2),
39,
46(2)
|