1203/2007 Suit NOUARTIS AG. & OTHR (Plaintiff) V/S NABIQASIM IND. PVT LTD (Defendant)
Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author)
Order Date: 03-APR-15
"Trade Marks Ordinance (XIX of 2001)--- ----Ss. 8(1) & 40---Civil Procedure Code (V of 1908), O. XXXIX, Rr.1 & 2---Specific Relief Act (I of 1877), S. 54---Infringement of trade mark---Permanent Injunction---Application for grant of interim injunction under O. XXXIX, Rr. 1 & 2, C.P.C.---Similarity and deceptivity in trade marks, determination as to--- Plaintiffs, pharmaceutical company owned trade mark ""LESCOL"" and got the same registered in year 1991---Trade mark ""DESCOL"" belonged to defendant, also a pharmaceutical company, which was registered in 2003---Plaintiff sought permanent injunction against use of defendant's trade mark and running of business thereunder contending that defendant's trade mark was phonetically, visually and structurally deceptive and confusingly similar and/or resembled plaintiff's trade mark and defendant's product was likely to pass off as that of plaintiff's product---Both trade marks involved sale of almost same medicinal product---Validity---Prescription of doctor and his expert opinion would be important factor in recommending medicine---Persons prescribing, dealing and offering medicines were specialist meant to protect passing of such medicine available at shop and sale of such medicine were carried out by authorized or licensed persons---Partially phonetically both trade marks were similar, but, for pharmaceutical products, the assigned names were given on basis of generics---No one could claim any proprietary right regarding such generic words as to its exclusive use---Trade mark was to be seen with complete getup, colour scheme, design and printing---Plaintiff's claim related to phonetic similarity between the two trade marks and not to the whole word or design or getup---No deceptive similarity existed between the two trade marks when seen as a whole---Pharmaceutical products were not ordinary goods which a person could point out at shop and buy at his choice---No case was made out for injunction---Application was dismissed, in circumstances."Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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