2022 CLD 240 COMPETITION COMMISSION OF PAKISTAN

Case information

Citation: 2022 CLD 240 COMPETITION COMMISSION OF PAKISTAN
Year: 2022
Reporter: CLD
Subject matter: Criminal
Provisions referred to: S. 10---D

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---Fraudulent use of another's trademark---Right based on interim order---Scope---Complaint was grounded on an interim order of the High Court---Complainant's right to use the trademark stemmed through the same order and the respondent's right to use its registered trademark was also sub judice before the High Court---Commission, in order to take cognizance of a matter based on interim orders, would have to wade through questions yet to be settled by the High Court and would require determination of intellectual property rights which was beyond the scope of the Commission---Initiation of the enquiry was not made out in the first place---Show cause notice and the enquiry report were set aside.

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