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MUHAMMAD MULTAZAM RAZA vs MUHAMMAD AYUB KHAN Ss — 2022 CLD 615 SUPREME-COURT

Case information

Citation
2022 CLD 615 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2022
Reporter
CLD
Parties
MUHAMMAD MULTAZAM RAZA vs MUHAMMAD AYUB KHAN Ss
Provisions referred to
S. 40---I; Trade Marks Ordinance (XIX of 2001); Pakistan 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

MUHAMMAD MULTAZAM RAZA VS MUHAMMAD AYUB KHAN Ss. 17(4) & 18---Trade Marks Ordinance (XIX of 2001), S. 40---Infringement of registered trademark---Passing off---Intellectual Property Tribunal ('the Tribunal'), jurisdiction of---Passing off action may either be a passing off action simplicitor or an action of infringement of trade mark coupled with passing off---Where the case of passing off action is based on infringement of trade mark, such suit shall necessarily require determination of the question whether there had been any infringement of the trade mark and where infringement of trade mark is alleged the suit must, in view of sections 17, 18 & 39 of the Intellectual Property Organization of Pakistan Act, 2012, be instituted before the Tribunal notwithstanding that the allegations in the suit were coupled with the allegation of passing off.

Other judgments reported in 2022 CLD

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