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2022 CLD 1343 COMPETITION COMMISSION OF PAKISTAN

Case information

Citation
2022 CLD 1343 COMPETITION COMMISSION OF PAKISTAN
Year
2022
Reporter
CLD
Provisions referred to
S. 10---D; S. 10; Competition Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

VS S. 10---Deceptive marketing practices---Distribution of false and misleading information---Fraudulent use of another's trademark---Scope---Complainant alleged that the respondents were disseminating false and misleading information to consumers by fraudulently using its trademark, trade name and other distinctive items which amounted to deceptive marketing practices under S. 10 of the Competition Act, 2010---Validity---Complainants had produced the trademarks registration certificate, whereas the respondents had not produced any document in their support which could justify the use of complainant's trademark and trade name---Respondents were blatantly using the complainant's registered trade/service mark without obtaining due authorization from the complainant to thrive on the reputation built by complainant over a period of several years---Only defence which had been made by the respondents was that there was a franchise agreement that allowed them to use the trade name and trademark of the complainant---However, it was not disputed at all by either party that the agreement stood terminated---Respondents had violated S. 10 of the Competition Act, 2010---Competition Commission imposed a penalty on the proprietor of each respondent---Respondents were directed to publish in two newspapers that they had no affiliation with the complainant and refrain from indulging in any form of deceptive marketing practices in the future.

Other judgments reported in 2022 CLD

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