2013 PLP 57 (CLD)
Messrs SNOWHITE DRY CLEANERS through Partner — Plaintiff Versus SUFIYAN AHMED — Defendant
| Citation | 2013 PLP 57 (CLD) |
| Forum / Court | Sindh |
| Bench Members | N/A |
| Parties | Messrs SNOWHITE DRY CLEANERS through Partner — Plaintiff Versus SUFIYAN AHMED — Defendant |
| Primary Law | Trade Marks Ordinance (XIX of 2001) |
Q1: What are the key laws and sections cited in 2013 PLP 57 (CLD)?
This judgment primarily cites: Trade Marks Ordinance (XIX of 2001) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2013 PLP 57 (CLD)?
The case was heard and decided by the Sindh bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2013 PLP 57 (CLD) (Messrs SNOWHITE DRY CLEANERS through Partner — Plaintiff Versus SUFIYAN AHMED — Defendant). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S. 46
Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2
Suit for declaration and permanent injunction
Temporary injunction, grant of
Contention of plaintiff was that he was running a "Dry Cleaning Shop" under the name and style of "Snowhite Dry Cleaners" since 1949 while defendant (his ex-employee) had opened a "Dry Cleaning Shop" by using the name "Snowash Dry Cleaners" from April, 2011 and that name and style of shop was very similar in pronunciation and was thereby deceiving the general public and causing irreparable loss to the plaintiff
High Court restrained the defendant from using alleged deceptive trademark till next date of hearing
Application was allowed, in circumstances.
Judgment & Decree
IRFAN SADAAT KHAN, J.
Granted
2. Learned counsel submits that the plaintiff is a partnership concern engaged in the business of dry cleaning since 1949 under the name and style of "Snowhite Dry Cleaners". In recognition of its services the plaintiff was granted brand of the year awards in the years 2008, 2009 and 2010. According to the learned counsel, it is the only ISO 9001-2000 certified dry cleaning company in the country. Learned counsel submits that one of the employees of the plaintiff, who left the employment of the plaintiff in April, 2011, has opened a dry cleaning shop by using a deceptive name of "Snowash Dry Cleaners" which is very similar in pronunciation and appearance to that of the plaintiff and is thereby deceiving the general public and causing irreparable loss to the plaintiff. He also submits that the defendant is presenting itself as a subsidiary of the plaintiff and is also using receipts similar to that of the plaintiff. Issue notice to the defendant for 15-11-2012. In the meanwhile, the defendant is restrained from using the deceptive name of Snowash till the next date of hearing. KMZ/S-96/K Order accordingly.