| Case ID |
2524daa1-52af-4eeb-aff5-cd6b2ce41a1c |
| Body |
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| Case Number |
Civil Appeal No. 72 of 1979 |
| Decision Date |
Oct 03, 1979 |
| Hearing Date |
|
| Decision |
The Supreme Court ruled that the respondent's claim for an interim injunction to prohibit the petitioner from using the word 'National' in its trade name was barred by delay, as the petitioner had been using the term since 1957, while the respondent filed their suit in 1969 after a delay of over ten years. The court emphasized that a person cannot acquire a monopoly over a word that is in common use to describe goods, especially when it forms part of the defendant's name. The decision reinforces the principle that the owner of an unregistered trademark cannot claim higher rights than an owner of a registered trademark. The court further stated that the appeal against the interlocutory order should not result in conclusive findings on issues that require evidence, thus preserving the integrity of the trial process. |
| Summary |
In the landmark case of THE NATIONAL ELECTRIC FANS MANUFACTURERS (REGD.) vs. S. MUHAMMAD DIN & SONS LTD., the Supreme Court of Pakistan dealt with the complexities surrounding trademark rights and the use of names in business. The case revolved around the usage of the term 'National' by both parties in relation to electric fans. The petitioner had been using this term since 1957, while the respondent claimed rights over the term based on prior use. The court ruled in favor of the petitioner, stating that the respondent's claim was barred by delay and that no monopoly could be claimed over commonly used terms. This decision highlights the importance of timely legal action in trademark disputes and clarifies the rights of businesses to operate under their own names without infringing on the rights of others, provided they do not act dishonestly. The ruling also reinforces the legal standpoint that unregistered trademarks carry limitations compared to registered ones, thereby impacting future trademark litigations in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Dorab Patel,
Aslam Riaz Hussain,
Nasim Hasan Shah
|
| Lawyers |
Ch. A. Waheed Saleem,
Raja Abdul Razzaq,
Nazir Shaikh
|
| Petitioners |
THE NATIONAL ELECTRIC FANS MANUFACTURERS (REGD.), GUJRAT
|
| Respondents |
S. MUHAMMAD DIN & SONS LTD., LAHORE
|
| Citations |
1980 SLD 174 = 1980 SCMR 97
|
| Other Citations |
Burberry v. Cording (1909) 26 R P C 693,
Burgess v. Burgess 43E R 351,
Reddaway v. Benham (1896) A C 199,
Massam v. Thorley's Cattle Food Company 14 Ch. D 748,
Turton v. Turton 42 Ch. D 128
|
| Laws Involved |
Trade Marks Act (V of 1940),
Civil Procedure Code (V of 1908)
|
| Sections |
26,
96
|