| Case ID |
42e77c02-1af0-4655-a59a-de24d4c3ddd7 |
| Body |
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| Case Number |
D-2741 of 2016 |
| Decision Date |
May 31, 2016 |
| Hearing Date |
|
| Decision |
The Sindh High Court dismissed the appeal of JKS (Private) Limited against the order of the Single Judge, who had refused to grant an injunction against the use of the 'Power Sonic' trademark. The court found that JKS (Private) Limited had dishonestly adopted a foreign trademark that already belonged to Power Sonic Corporation of California, which had established goodwill in Pakistan since 2003. The court upheld the Single Judge's decision declaring the registration of the 'Power Sonic' trademark by the appellant as unlawful and liable to be canceled, emphasizing the importance of trademark rights and the prevention of deceptive practices in trade. |
| Summary |
This case revolves around the trademark dispute concerning the 'Power Sonic' brand. The Sindh High Court addressed the issue of trademark infringement and passing off under the Trade Marks Ordinance, 2001. The appellant, JKS (Private) Limited, had registered a deceptively similar trademark despite being aware of the existing rights of Power Sonic Corporation, which had been using the trademark since 1985 in the USA. The court established that the applicant's actions were in bad faith, and the registration was declared unlawful. This case highlights the critical nature of protecting trademark rights and the legal consequences of misrepresentation in the marketplace, reinforcing the principle that no entity should benefit from the goodwill and reputation of another. Legal professionals and businesses must remain vigilant about trademark registrations to avoid infringing on established brands, ensuring a fair trading environment. |
| Court |
Sindh High Court
|
| Entities Involved |
JKS (PRIVATE) LIMITED,
Power Sonic Corporation of California USA
|
| Judges |
SAJJAD ALI SHAH, C.J.,
ZULFIQAR AHMAD KHAN, JUSTICE
|
| Lawyers |
Sultan Ahmed Sheikh for Appellant,
M. Sarfaraz Sulehry for Respondents Nos. 2 and 3
|
| Petitioners |
JKS (PRIVATE) LIMITED
|
| Respondents |
Power Sonic Corporation of California USA,
Respondent No. 2 (JKS Private Limited)
|
| Citations |
2016 SLD 3447 = 2016 CLD 2260
|
| Other Citations |
2016 PTD 1675,
PLD 1997 SC 32
|
| Laws Involved |
Trade Marks Ordinance, (XIX of 2001)
|
| Sections |
14(3),
14(4),
83,
84
|