| Case ID |
3092e2d1-c7dd-4df1-9126-936e2be347ed |
| Body |
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| Case Number |
Suit No.640 of 2006 |
| Decision Date |
Aug 09, 2006 |
| Hearing Date |
|
| Decision |
The plaintiff, MESSRS DEWAN SUGAR MILLS (PVT.) LTD., sought an injunction against the defendants from infringing upon their registered trademark 'DEWAN' by using the name 'Daily DEWAN' for their newspaper. The court recognized that the trademark was registered under the Trade Marks Ordinance, 2001, and therefore restricted the defendants from using it. The plaintiff demonstrated a prima facie case for the injunction, as the use of the trademark by the defendants would likely cause confusion and deception among consumers. The balance of convenience favored the plaintiff, leading to the approval of the injunction application. |
| Summary |
The case revolves around the trademark dispute between MESSRS DEWAN SUGAR MILLS (PVT.) LTD. and M. B. ABBASI AND OTHERS regarding the use of the trademark 'DEWAN'. The plaintiff, a prominent entity within the DEWAN MUSHTAQ GROUP, asserted that their registered trademark under the Trade Marks Ordinance, 2001, was being infringed by the defendants who published a newspaper titled 'Daily DEWAN'. The court ruled in favor of the plaintiff, emphasizing that once a trademark is registered, it cannot be used by others in a manner that could cause confusion or deception. The ruling highlights the importance of trademark protection in maintaining brand identity and preventing unfair competition. This case serves as a crucial reference for businesses in Pakistan regarding the legal implications of trademark infringement and the necessity of safeguarding intellectual property rights. Keywords: trademark, infringement, Trade Marks Ordinance, legal protection, brand identity, intellectual property rights. |
| Court |
Sindh High Court
|
| Entities Involved |
DEWAN MUSHTAQ GROUP
|
| Judges |
AMIR HANI MUSLIM
|
| Lawyers |
Miss Shazia Tasleem,
Rizwan H. Nadeem
|
| Petitioners |
MESSRS DEWAN SUGAR MILLS (PVT.) LTD.
|
| Respondents |
M. B. ABBASI AND OTHERS
|
| Citations |
2007 SLD 410 = 2007 CLD 1610
|
| Other Citations |
Alpha Sewing Machine v. Registrar of Trade Marks PLD 1990 SC 1074
|
| Laws Involved |
Trade Marks Ordinance (XIX of 2001)
|
| Sections |
40,
17
|