1276/2001 Suit VIRGIN ENTERPRIES LTD. (Plaintiff) V/S VIRGIN EXPRESS INT. PVT. LTD. & ORS. (Defendant)
Bench: Hon'ble Mr. Justice Jawad Akbar Sarwana(Author)
1276/2001 Suit VIRGIN ENTERPRIES LTD. (Plaintiff) V/S VIRGIN EXPRESS INT. PVT. LTD. & ORS. (Defendant) Sindh High Court
Bench: Hon'ble Mr. Justice Jawad Akbar Sarwana(Author) Order Date: 29-AUG-23
Following the establishment of the Intellectual Property Tribunal of Sindh at Karachi, even if the Companies Act, 2017, provides a framework to change/rectify a company's name, where, in the opinion of the Registrar, the name of the Company is identical to or resembles or is similar to the name of a company, the High Court cannot transfer the suit partly relating to Trade Marks and Passing off while retaining the suit regarding injunctive relief under the Companies Act, 2017. The entire suit has to be transferred to the Intellectual Property Tribunal and left to the Plaintiff to take appropriate steps to seek such relief in accordance with law.