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KENNOL PETROLEUM (PVT.) LIMITED AND OTHERS vs S. 10 — 2022 CLD 859 COMPETITION COMMISSION OF PAKISTAN

Case information

Citation
2022 CLD 859 COMPETITION COMMISSION OF PAKISTAN
Year
2022
Reporter
CLD
Parties
KENNOL PETROLEUM (PVT.) LIMITED AND OTHERS vs S. 10
Provisions referred to
S. 10---

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

KENNOL PETROLEUM (PVT.) LIMITED AND OTHERS VS S. 10--- Deceptive marketing practices--- Fraudulent use of trademark---Scope---Respondents were alleged to have fraudulently used the complainant's trademark---Validity---Pictorial comparison of alleged trademark of respondents and original trademark of complainant leads to the conclusion that there existed similarities in terms of colour, graphics, fonts and placement on the product packaging---Ordinary consumer, specifically the illiterate, would not be able to distinguish between the product's origin or brand names evident on the packaging---Such similarities would mislead the consumer into believing that the source/origin of respondent's products was in fact of the complainant---Respondents were freely riding on goodwill of the complainant by exactly copying its trademark---Competition Commission directed the respondents to cease the usage of contentious trademark of the complainant and ensure that their products were sold in a manner that was distinct in its overall layout so as to be easily distinguishable from the complainant's trademark and products---Respondents were given six weeks time to shut down their website and other social media pages---Such lenient approach was a result of respondents' commitments and their compliance oriented approach--- Show cause notices were disposed of accordingly.

Other judgments reported in 2022 CLD

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