94/2020 Suit Jazaa Foods (Pvt.) Limited & another. (Plaintiff) V/S Junaid Jamshed (Pvt.) Limited & others. (Defendant)
Bench: Hon'ble Mr. Justice Adnan Iqbal Chaudhry(Author)
94/2020 Suit Jazaa Foods (Pvt.) Limited & another. (Plaintiff) V/S Junaid Jamshed (Pvt.) Limited & others. (Defendant) Sindh High Court
Bench: Hon'ble Mr. Justice Adnan Iqbal Chaudhry(Author) Order Date: 07-APR-20
1. Effect of disclaimer made under section 21 of the Trade Marks Ordinance, 2001 from exclusive use of a name. 2. The principle that registration of a trade mark gives rise to a prima facie case, balance of convenience and likelihood of irreparable loss, that principle would be applicable where the trade mark was registered without a disclaimer. 3. In view of section 42(3) of the Trade Marks Ordinance, 2001, the use of the disclaimed feature of the mark in question would not constitute trade mark infringement. 4. An action for passing-off is essentially to protect property in goods based on the reputation of those goods, as distinct from an action to protect a trade mark which is a property in itself.