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SAMSARA COUTURE HOUSE (PVT.) LTD. vs Syeda KHADIJA BATOOOL S — 2024 CLD 484 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2024 CLD 484 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2024
Reporter
CLD
Parties
SAMSARA COUTURE HOUSE (PVT.) LTD. vs Syeda KHADIJA BATOOOL S
Subject matter
Civil
Provisions referred to
S. 114---C; Civil Procedure Code (V of 1908)

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

SAMSARA COUTURE HOUSE (PVT.) LTD. VS Syeda KHADIJA BATOOOL S. 114---Civil Procedure Code (V of 1908), O. XXXIX, Rr. 1 & 2---Suit for trade mark infringement---Interim injunction---Bona fide owner and prior use---Proof---Trade mark in question was owned by partnership concern and prior or bona fide usage of the trade mark by respondent/plaintiff was denied by appellant/defendant in written statement---Intellectual Property Tribunal restrained appellant / defendant from using trade mark in question---Validity---Interim injunction, by its nature, is a preventive relief preserving status quo of subject matter till final conclusion of the suit---After ascertaining prima facie case, by assessing relevant documents if available, Courts must see existence of remaining two factors of balance of convenience and irreparable loss or injury---Preventive relief, in such circumstances and in the cases of unregistered marks, should not be granted as a matter of course and it is suitable when existence of right by prior use or its creation as well as its infringement are demonstrated with some clarity---High Court set aside order passed by the Tribunal as three ingredients required for grant of interim injunction were not co-existing---Appeal was allowed, in circumstances.

Other judgments reported in 2024 CLD

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