NAUMAN SAFDAR vs CITI LAB (COMPUTERIZED INNOVATIVE TESTS AND INVESTIGATION LAB) S — 2023 CLD 1324 ISLAMABAD

Case information

Citation: 2023 CLD 1324 ISLAMABAD
Court: Islamabad High Court
Year: 2023
Reporter: CLD
Parties: NAUMAN SAFDAR vs CITI LAB (COMPUTERIZED INNOVATIVE TESTS AND INVESTIGATION LAB) S
Subject matter: Civil
Provisions referred to: S. 40---I; S. 40; Trade Marks Ordinance

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

NAUMAN SAFDAR VS CITI LAB (COMPUTERIZED INNOVATIVE TESTS AND INVESTIGATION LAB) S. 40---Infringement---Proof---appellant was aggrieved of grant of interim injunction by Intellectual Property Tribunal in favour of respondent---Validity---In order to make out a case for infringement under S. 40(4) of Trade Marks Ordinance, 2001, it had to be shown that appellant used in the course of trade mark which was identical with or deceptively similar to respondent's registered trade mark or was using it in relation to goods or services which were not similar to those for which respondent's trade mark was registered---Provision of infringement would apply where trade mark was a well-known trade mark or had a reputation in Pakistan, and use of the mark, was without due cause, took unfair advantage of, or was detrimental to distinctive character or repute of the trade mark---Services offered by appellant and respondent were the same i.e., medical/laboratory services therefore, use of name "CITI LaB" by appellant prima facie resulted in confusion and deception which in turn would be detrimental to the respondent who had a registered trade mark "CITI LaB" since the year 2000 albeit in Class Heading-1---High Court declined to interfere in the order passed by Intellectual Property Tribunal as there was no illegality in the same---appeal was dismissed, in circumstances.

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