| Case ID |
47d2510c-a9f5-4d1f-9190-a20aa091178b |
| Body |
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| Case Number |
Suit No.359 and C.M.A. No. 2100 of 2006 |
| Decision Date |
Dec 11, 2009 |
| Hearing Date |
|
| Decision |
The Sindh High Court granted an interim injunction in favor of the plaintiff, restraining the defendant from using the trade mark 'Feasina' and the trade name 'Paracha Food Products'. The court found that the plaintiff had been the prior user of the trade mark since 1980 and had made continuous use of it. The defendant's claim of having registered the trade mark was deemed invalid due to the plaintiff's prior use and the deceptive similarity between the products' packaging could mislead consumers. The court emphasized the rights of prior users in trade mark disputes, recognizing that the plaintiff's established use of the mark created superior rights under the law, despite the defendant's registration. |
| Summary |
In this landmark case adjudicated by the Sindh High Court, the plaintiff, Irfan Saadat Khan, filed a suit against Muhammad Saleem regarding the infringement of the trade mark 'Feasina' and the trade name 'Paracha Food Products'. The court highlighted significant aspects concerning trade mark law, particularly the principle of prior use, which grants exclusive rights to the original user of a trade mark, even when that mark is not registered. The plaintiff demonstrated that he had been using the trade mark since 1980, while the defendant obtained registration in 2001 based on the assumption that the mark was abandoned. The court ruled in favor of the plaintiff, granting an interim injunction to prevent further unauthorized use by the defendant. This case underscores the importance of protecting established trade marks and preventing consumer confusion in the marketplace, ensuring that businesses can safeguard their brand identities effectively. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
IRFAN SAADAT KHAN, JUSTICE,
GHULAM MUJTABA PARACHA
|
| Lawyers |
Ms. Shazia Tasleem for Plaintiff,
Munawar Ghani for Defendants
|
| Petitioners |
Irfan Saadat Khan
|
| Respondents |
Muhammad Saleem
|
| Citations |
2010 SLD 241,
2010 CLD 311
|
| Other Citations |
Ghulam Nabi v. Khuda Bux and others PLD 1984 Kar. 245,
Simatul Chemical Industries (Pvt.) Ltd. v. Cibatul Ltd. AIR 1978 Guj. 216,
ADT Services Ag v. ADT Pakistan (Pvt.) Ltd. and others 2005 CLD 1546,
Kala Niketan, Karol Bagh v. Kala Niketan, G-10 AIR 1983 Dehli 161,
Messrs 'Durafoam Enterprises (Pvt.). Ltd. v. Messrs Vohra Enterprises 2002 CLD 1639,
Al Karam Textile Mills (Pvt.) Ltd. v. Mehtab Chawla and others (SB) 2007 CLD 966,
Al Karam Textile Mills (Pvt.) Ltd. v. Mehtab Chawla and others (DB) 2007 CLD 1044,
Consolidated Foods Corporation v. Brandon and Co. AIR 1965 Bom. 35,
Shahi Enterprises Limited v. DFI (Pvt.) Ltd. 2007 CLD 527,
Telephone Soap v. Lever Brothers 1994 CLC 2135,
Mehran Ghee Mills (Pvt.) Limited and others v. Chiltan Ghee Mills Limited 2001 SCMR 967,
Ferozuddin v. Muhammad Shaft and another PLD 1975 Kar. 486
|
| Laws Involved |
Trade Marks Ordinance (XIX of 2001),
Civil Procedure Code (V of 1908)
|
| Sections |
36,
40,
67,
O.XXXIX,Rr.1,2
|