MUHAMMAD SAEED MUGHAL versus NATIONAL AVIATION SERVICES (PVT.) LIMITED
Trademarks Act 1940 Section 16 (2) Civil Procedure Code (v. 1908), O. XXXX, RR 1 and 2 Interim Order Prohibition, Unregistered Trademark Grant, Two Trade Marks Criminals' Trademarks Registered with Authorized Authority Mark was not. The plaintiffs owned Nesgas, which was registered in 1978, while the defendant's use of the controversial mark was not listed yet. The trial court granted interim injunction in favor of the plaintiff and barred the defendants from their use. The defendants of the given mark had the proprietary right to use the trademarks allotted by the competent authority and the defendants had no right to challenge or to bring any trade mark that they knew matched or was likely The claimant matched the trade mark, unless the same was registered under the law under the jurisdiction of the authority Where the plaintiffs filed a good case, which shows that if the defendants were not there, then the well-trained, plaintiffs would create confusion and deceit in the minds of consumers / buyers and their goodwill, reputation and business. Compensation, injury and loss will be suffered. The High Court refused to interfere with the trial court's order.
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