MUHAMMAD FAZIL versus ASHFAQ BROTHERS

A. Read with XXXIX, Order 1 and 2 Trademarks Act (V40 of 1940), Sections 20 (2) and 21, both the intermediate size of the disputed numbers as well as their color, stand up, design almost the same words and letters. And print is printed in the same place with the same size and labels to cause confusion and fraud in the minds of the buyers, in the trial, the proper order is given,

1981 C L C 1519

[Karachi]

Before Sajjad Ali Shah, J

MUHAMMAD FAZIL‑‑Appellant

versus

MESSERS ASHFAQ BROTHERS, KARACHI‑Respondent

Miscellaneous Civil Appeal No. 53 of 1979, decided on 19th April, 1980.

Civil Procedure Code (V of 1908)‑---

‑‑ O. XXXIX, rr. 1 & 2 read with Trade Marks Act (V of 1940), Ss. 20 (2) & 21‑Injunction, interim‑Size of both disputed marks as well as their colour, get up, design and print almost same‑Words and letters printed thereon having same size and labels very closely similar and liable to cause confusion and deception in minds of unwary purchasers‑Trial Court, held, rightly granted interim injunction, in circumstances.‑[Injunction].

Pakistan Soap Factory v. Chittagong Soap Factory P L p 1970 S C 460 ref.

Abdul Jabbar and another v. Ahmad Jan P L D 1973 Kar. 289 fol.

Maroof Ali Khan for Appellant

Shaukat Ali for Respondent.

Dates of bearing: 17th, 19th December, 1979 and 2nd April, 1980

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