| Case ID |
4640c957-5ed5-41cf-ac08-c30d7410b69e |
| Body |
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| Case Number |
Suit Nos. 596, 880 and J.M. No. 28 of 2019 |
| Decision Date |
Sep 22, 2020 |
| Hearing Date |
Aug 19, 2020 |
| Decision |
The Sindh High Court ruled in favor of Master Motors Corporation (Pvt.) Limited, granting an interim injunction against Master Road Corporation SMC (Pvt.) Limited for the unauthorized use of the trademark 'MASTER'. The Court found that Master Motors had established a prima facie case for trademark infringement and demonstrated that the use of the name 'ROAD MASTER' by the defendant was likely to cause confusion among consumers. The balance of convenience favored the plaintiff, as they would suffer irreparable harm without injunctive relief. The Court dismissed the application by the defendant to vacate the interim relief previously granted. |
| Summary |
In the case of Master Motors Corporation (Pvt.) Limited vs. Master Road Corporation SMC (Pvt.) Limited, the Sindh High Court addressed issues of trademark infringement under the Trade Marks Ordinance, 2001. The plaintiff, Master Motors, claimed exclusive rights to the trademark 'MASTER', asserting that their brand was well-established in the automotive industry. The Court examined the evidence, including the trademark registration and the potential for consumer confusion arising from the defendant's use of a similar mark, 'ROAD MASTER'. The ruling emphasized the importance of protecting established trademarks to prevent unfair competition and safeguard consumer interests. This case highlights the significance of trademark rights in the commercial landscape and the legal remedies available for infringement, ensuring that businesses can operate without the threat of confusion in the marketplace. The decision reinforces the legal framework surrounding trademarks, ensuring that established brands are protected against unauthorized use, which can dilute their brand identity and cause economic harm. Keywords include 'trademark infringement', 'consumer confusion', 'Trade Marks Ordinance', and 'injunctive relief'. |
| Court |
Sindh High Court
|
| Entities Involved |
Master Motors Corporation (Pvt.) Limited,
Master Road Corporation SMC (Pvt.) Limited
|
| Judges |
Zafar Ahmed Rajput, Justice
|
| Lawyers |
Mirza Mehmood Baig,
Hanya Haroon,
Ms. Amna Salman Ahmed
|
| Petitioners |
Master Motors Corporation (Pvt.) Limited through Attorney/Authorized Officer
|
| Respondents |
Master Road Corporation SMC (Pvt.) Limited through Proprietor/Partners/Managers and Others
|
| Citations |
2021 SLD 2476,
2021 CLD 838
|
| Other Citations |
Mian Muhammad Latif v. Province of West Pakistan PLD 1970 SC 180,
Formica Corporation v. Pakistan Formica Ltd. 1989 SCMR 361,
Sayyed Engineering v. Tristar Industries (Pvt.) Ltd. 2001 CLC 1368,
Dewan Sugar Mills (Pvt.) Ltd. v. M.B. Abbasi and others 2007 YLR 2672,
Naseem Ahmed v. Messrs Samiuddin Ramzan Khan and 2 others 2004 CLD 315,
Popular Food Industries Ltd. v. Maaza International Company LL.C and another 2004 CLD 1509,
Tri-Star Industries (Pvt.) Ltd v. Messrs Trisa Bursten Tabrik A. G. and others 1999 YLR 638,
Messrs Shield Corporation Ltd. v. Dalda Foods (Pvt.) Ltd 2015 CLD 528,
Wrangler Apparel Corporation through Authorized Signatory v. Axfor Garments through Proprietor/Manager/Partners 2008 CLD 70,
Messrs Excise Pakistan Limited v. Pakistan Accumulators (Pvt.) Ltd. and 2 others 2010 CLD 890,
Jubilee Lie Insurance Company Limited through Zahid Barki v. United Insurance Company of Pakistan Ltd. through Dy. Managing Director and others 2016 CLD 1663,
Nadeem Ijaz and others v. Malik Ehsan Ullah and others 2006 CLD 234,
Hamdard Laboratory (WAQF) Pakistan, through Director v. Muhammad Fahim 2016 CLD 2144,
Messrs Neucon Pakistan Ltd.; in the matter of 2019 CLD 37,
Roznama Hamdard though Chief Editor v. Hamdard National Foundation Pakistan 2010 SCMR 95,
Farooq Ghee and Oil Mills (Pvt.) Ltd. v. Registrar of Trade Mark, Trade Mark Registry and others 2015 SCMR 1230,
SUI Northern Gas Company v. Pakistan Cement Industries PLD 1968 Lah. 876,
Haleema Bibi and another v. Saqib Shamim and others PLD 2000 Lah. 195,
N.Y Corporation (Pvt.) Ltd. v. Province of Sindh and others 2009 YLR 263,
Messrs Master Textile Mills Ltd. through duly Authorized Signatory v. Master Fabrics through Managing Partner and 5 others 2007 CLD 991,
Abdul Wasim v. Messrs HAICO through Sole Proprietor/Partner and 2 others 2002 CLD 1623,
Messrs Platinum Pharmaceuticals Company (Private) Limited v. Stand Pharm Pakistan (Private) Limited and 3 others 2006 CLD 1109,
Soneri Travel and Tours Ltd. through Chief Executive/Director/- Secretary v. Soneri Bank Limited 2011 CLD 193,
Messrs Ismail Industries Limited through Authorized Officer v. Mondelez International through Director, Partner, Owner and 2 others 2019 CLD 562,
Brands for Less L.L.C. v. Brands 4 Less through Proprietor/Partner/Owner 2019 CLD 146,
Dalda Foods (Private) Limited v. Messrs Shield Corporation Limited 2016 CLD 1864,
Messrs Hero Motors Ltd. through Authorized Signatory v. Babar Auto Trading and Manufacturing Company through Proprietor 2010 CLD 22,
Malik Muhammad Rafiq Awan v. Javad Iqbal and others 2012 CLD 905,
Crescent Pencils Limited v. Indus Pencil Industries Limited and another 1989 CLC 2005
|
| Laws Involved |
Trade Marks Ordinance, 2001,
Civil Procedure Code (V of 1908)
|
| Sections |
40,
46,
1,
2
|