ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Suit No.303 of 2016

------------------------------------------------------------------------------------------------------------

DATE                  ORDER WITH SIGNATURES OF JUDGE(S)

------------------------------------------------------------------------------------------------------------

1. For hearing of CMA 1918/16

2. For exparte order against defendant.

Dated: 04.09.2018

Mr. Kazim Raza Abbasi for plaintiff

Mirza Mehmood Baig for defendant.

-.-.-

1)         Learned counsel for defendant seeks time to file his counter. He was already granted four weeks’ time vide this Court’s order dated 02.03.2018. This application was filed on 04.03.2016 and till date no counter/objection has been filed. Through the instant application the plaintiff claiming to be the registered proprietor of trademark “MAXIL” in Class 5 as of 25.09.1996 under Registration No.137813, copy of registration certificate is attached as Annexure D/39 is seeking restraining orders against defendant from selling, manufacturing, advertising or marketing medicine in respect of same generic molecule (antibiotic) under trademark “MIXEL” claiming to be deceptive and infringing the plaintiff’s right.

As the very purpose of the registration of a trademark under 2001 Ordinance is to restrict unauthorized use thereof by third parties which could be calculated to deceive the public at large, in the circumstances at hand, while two weeks’ time is granted to the counsel for defendant by way of last opportunity to file his counter, however by way of interim measure, till the next date of hearing the defendant is restrained from selling, manufacturing, advertising or marketing the medicine under the trademark “Mixel” available at page 329 Annexure ‘H’.

To come up after two weeks.

                                                                                    J U D G E