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WESTERN BRAND TEA, KARACHI versus TAPAL TEA (PVT) LIMITED, LAHORE

Articles 6 and 10 of the Trademarks Act 1940 constitute Pakistan (1973), Arts 185 (3) and 199 registered trademarks, violating rappers of real estate that have similarities in design, color and color on both sides. Were working. And the defendants filed a lawsuit against the applicant for their trademark trial court infringement. Similarly, the High Court upheld the defendant's claim and prevented the applicant from using trademarks and wrappers, as did the defendants. Are. He said that commercial trade is that fraudulent measures should not be adopted by other organizations to negatively affect the goodwill and identity of trade in similar and similar products. The product is packaged, reflecting the complete similarity of the design, scheme match. And the color that can definitely affect the respondents' products can easily mislead the imprint consumers from looking at the wrappers where the two courts below had properly considered the relevant legal and factual aspects. Refused to interfere with the court's decisions because there was no material defect or legal malpractice. = Discretionary constitutional jurisdiction could not be used to uphold fraud Appeal was denied registration advocate from Havelian lawyer