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Deceptive measures

Deceptive measures legal meaning, translation and judicial precedents.

Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)

2013 CLD 1945 KARACHI-HIGH-COURT-SINDH Judicial Precedent
Infringement of/passing offRegistered trade markSimilar design of packingDeceptive measuresWrappers of the commodities having resemblance providing similarity of design, scheme and colourBoth the parties were dealing in same commodityAppellants were packing their products in a pack which was strikingly similar to that of the respondentsRespondents/plaintiffs filed suit to call upon the appellants/defendants to refrain from doing such actSingle Judge of High Court allowed application under O.XXXIX, Rr. 1 & 2, C.P.C. filed by plaintiff-respondentValidity

Trade mark of appellants were totally different from the respondents registered trade mark both visually and phonetically

Colour scheme of respondents was not registered

No cause of action had arisen to the respondents

Appellants could not be prevented from using their own registered trade mark

Case was not that of the infringement of the registered trade mark, but it was the case of passing of

By packing their products in a pack which was strikingly similar to that of the respondents, appellants were deceiving ordinary purchaser into believing the goods of the appellants to be that of the respondent

Case of the respondents was that of 'passing off' and not of "infringement" of their registered trade mark by the appellants

High Court appeals were dismissed against the order of Single Judge granting interim relief.

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Precedents & Case Laws citing "Deceptive measures"

PLD 2001
N/A

P L D 2001 Supreme Court 14

Messrs WESTERN BRAND TEA, KARACHI — Petitioner Versus Messrs TAPAL TEA (PVT.) LIMITED, LAHORE and another — Respondents

Court: High Court
CLD 2013
2013-March-13

2013 C L D 1945

Messrs GOLDEN THREAD INDUSTRIES through Proprietor — Appellant Versus J & P COATS LIMITED COMPANY and another — Respondents

Court: Sindh
CLD 2011
2010-November-12

2011 CLD 811

J & P COATS LIMITED and another — Plaintiffs Versus Messrs GOLDEN THREAD INDUSTRIES, through Proprietor — Defendant

Court: Karachi
CLD 2010
2009-October-6

2010 C L D 22

Messrs HERO MOTORS LTD. Through Authorized Signatory — Appellant Versus BABAR AUTO TRADING AND MANUFACTURING COMPANY through Proprietor — Respondent

Court: Karachi
CLD 2016
2015-January-8

2016 C L D 40

Show Cause Notice No. 106/2012

Court: Competition Commission of Pakistan
CLD 2019
2018-November-19

2019 C L D 211

F. No. 279/PC HOTELS/OFT/CCP/2017

Court: Competition Commission of Pakistan
PLC 2024
Case No.IT/P/1800/19/C, decided on 30th December, 2022.

2024 P L C 155

MUHAMMAD IDREES ABBASI Versus The NEWS PUBLICATIONS (PVT.) LIMITED, RAWALPINDI

Court: Implementation Tribunal for Newspaper Employees
CLD 2018
2018-August-17

2018 C L D 1461

F. No. 282/STARBUCKS/OFT/CCP/2017

Court: Competition Commission of Pakistan
PLC(CS) 2026
C.P. No.D-6139 of 2019, decided on 15th May, 2025.

2026 P L C (C

Professor ASAL KHAN TAREEN Versus NATIONAL INSTITUTE OF CARDIOVASCULAR DISEASES and 3 others

Court: Sindh High Court
CLD 2010
2009-September-29

2010 C L D 1478

File No.2(1) / Dir.(L)CCP / 2008) and File No.2(6) / Dir(L) / CCP/2008

Court: Competition Commission of Pakistan