Sheikh NAZIR AHMED vs MUHAMMAD AZEEM S — 2025 CLD 332 ISLAMABAD

Case information

Citation: 2025 CLD 332 ISLAMABAD
Court: Islamabad High Court
Year: 2025
Reporter: CLD
Parties: Sheikh NAZIR AHMED vs MUHAMMAD AZEEM S
Subject matter: Civil
Provisions referred to: S. 19---T; S. 40---C; Trade Marks Ordinance (XIX of 2001); Civil Procedure Code (V of 1908); Trade Marks Ordinance; Trade Marks 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

Sheikh NAZIR AHMED VS MUHAMMAD AZEEM S. 19---Trade Marks Ordinance (XIX of 2001), S. 40---Civil Procedure Code (V of 1908), O.XXXIX, Rr. 1 & 2---Infringement of registered trade mark---Interim injunction, grant of---Appellant/ plaintiff claimed to be proprietor of registered trade mark "Kohinoor Fair Price Shop", who had exclusive rights to use the same---Respondent / defendant was running a shop under the name of "Kohinoor Fabrics"---Trial Court declined interim injunction in favour of appellant / plaintiff---Validity---Trial Court while deciding the question did not take into account the provisions of section 40 of Trade Marks Ordinance, 2001 to see whether any infringement of trade mark was made out in the facts and circumstances---Trial Court while dismissing the application filed by appellant / plaintiff had solely relied on the case of M/s Tabaq Restaurant reported as 1987 SCMR 1090 which pertained to the since repealed Trade Marks Act, 1940---Concept of infringement of trade mark was introduced though Trade Marks Ordinance, 2001 and Trial Court should have considered elements provided therein---High Court set aside the order declining interim injunction in favour of appellant / plaintiff and remanded the matter to Trial Court for decision afresh---Appeal was allowed accordingly.

Other judgments reported in 2025 CLD

2025 CLD 1438 KARACHI-HIGH-COURT-SINDHIN THE MATTER OF THE COMPANIES ACT, 2017 VS BEACH LUXURY HOLDINGS (PRIVATE) LIMITED, SPENCER AND COMPANY (PRIVATE) LIMITED AND PHYSONS (PRIV…
2025 CLD 53 INSURANCE-TRIBUNAL-LAHOREMUHAMMAD TARIQ VS JUBILEE LIFE INSURANCE S. 77---Language of policy documents---Principle---It is mandatory requirement of law to use plain…
2025 CLD 288 SECURITIES-AND-EXCHANGE-COMMISSION-OF-PAKISTANUNITED INSURANCE COMPANY OF PAKISTAN LIMITED VS The DIRECTOR/HOD, ADJUDICATION-I, ADJUDICATION DIVISION, SECP, ISLAMABAD Ss. 156 & 167---Tak…
2025 CLD 872 SECURITIES-AND-EXCHANGE-COMMISSION-OF-PAKISTANThe UNITED INSURANCE COMPANY OF PAKISTAN LIMITED VS The HOD, ADJUDICATION-I, ADJUDICATION DIVISION, SECURITIES AND EXCHANGE COMMISSION OF PA…
2025 CLD 435 SECURITIES-AND-EXCHANGE-COMMISSION-OF-PAKISTANHAJRA TEXTILE MILLS LIMITED VS DIRECTOR, CORPORATE SUPERVISION DEPARTMENT, SECURITIES AND EXCHANGE COMMISSION OF PAKISTAN S. 33(1)(a)---Comp…
2025 CLD 393 SECURITIES-AND-EXCHANGE-COMMISSION-OF-PAKISTANUBL FUND MANAGEMENT LIMITED VS Ms. MOMY KAMAL Reglns. 66a(c)(i), 66a(c)(iv), 66a(d) & 66a(f)---Investing in Equity/Mutual Funds---Mis-sellin…

Back to the case-law library · Search Pakistani case law in Urdu or English