ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Suit No.1818 of 2018

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DATE                ORDER WITH SIGNATURES OF JUDGE(S)

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1. For orders on CMA 13705/18

2. For orders on CMA 13706/18

3. For orders on CMA 13707/18

Dated: 01.10.2018

Malik Khushhal Khan for plaintiff.

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1)       Granted.

2)       Granted subject to all just exceptions.

3)       Learned counsel for the plaintiff states that the plaintiff has a long established right in trademark ‘Imtiaz Super Market’ and to protect such rights, he has registered it under the provisions of Trademark Ordinance 2001. (certificate of registration of the said trademark is attached as annexure ‘B’ bearing No.246202). Counsel also states that the plaintiff has also registered trademark ‘Ponam Foods’ with artistic work (Label Design) under the relevant provisions of the copyright laws. He next states that upon coming to know that defendant was using his distinctive and well-known trademark, appropriate warnings in the newspapers were issued, which only resulted in the defendant amending its mark however continued using the trademark’s predominant feature “Imtiaz”. Per counsel, the defendant is operating a website ‘imtiazonline.pk’ through which it is offering for sale goods of the plaintiff as well as at the same time causing deception and committing fraud where public at large is made to believe that the defendant has trade connection with the plaintiff, which is non-existent. He refers to subsection 6 of Section 40 of Trademark Ordinance where use of registered trademark, as part of a domain name is held to be an infringing act.

In the circumstances at hand, issue notice to the defendant for 17.10.2018, however till that date, defendant is restrained from using the word ‘Imtiaz’ as part of his domain including but not limited to ‘imtiazonline.pk’ or as part of any email that he has created under the said domain, as well as from operating a What’sapp group through cell No.0311-1138526 or any other number pretending it to be allied with the plaintiff’s establishment.

                                                          J U D G E