HERO MOTORS LTD. THROUGH AUTHORIZED SIGNATORY versus BABAR AUTO TRADING AND MANUFACTURING COMPANY THROUGH PROPRIETOR
Sections 21, 43 and 74 of the Special Relief Act (of 1877), section 554 of the Civil Procedure Code (v. 1908), of the OXX, R1 and 2 of the Civil Procedure Code (Amendment) Ordinance (X of 1980), Sec. Appeal to the High Court of 15 High Court against the trademark hero of the trademark plaintiff infringement has been producing motorcycles since 1997, while the defendant also started producing motorcycles using the same trademark ashiro. The defendant sought an injunction against the defendant's use of the word hero, otherwise descriptive and generally employed throughout the board Was obtained, with the use of two competing marks, there was no possibility of any fraud in the minds of the public; the plaintiff failed to provide any material so that any possible deception could be substituted, Any such extension protecting the plaintiff in relation to his mark: `Hero was suspended because the Division Bench of the High Court agreed with a judge that the balance of convenience was in favor of the plaintiff rather than the plaintiff. It was submitted that the mark was placed on the board so the Division Bench of the High Court refused to intervene. The appeal was dismissed.
Related judgments — Karachi High Court Sindh, 2010
