-Restrained from infringing registered trademark

 PLJ 2009 SC 1007

Trade Mark--

----Restrained from infringing registered trademark "Hamdard"--Publication of a daily newspaper under the name of Hamdard which was challenged--Violation of trademark which is tantamount to deception--Validity--Petitioner's name gives an abrupt impression that it is some publication of Hamdard National Foundation--It certainly is deceptive and so was rightly declared by High Court--Authorities relied upon would not help the petitioner because it is a question of fact which varies from case to case--Held: Name of Roznama Hamdard daily newspaper creates deception--Leave refused.     [P. 1008] A

Mr. Ishtiaq Ahmad Raja, ASC for Petitioner.

Mr. Sultan Ahmad Sheikh, ASC and Mr. M.S. Khattak, AOR for Respondent.

Date of hearing: 8.7.2009.

 PLJ 2009 SC 1007
[Appellate Jurisdiction]
Present: Sardar Muhammad Raza Khan & M. Javed Buttar, JJ.
ROZNAMA HAMDARD--Petitioner
versus
HAMDARD NATIONAL FOUNDATION PAKISTAN, HAMDARD CENTRE, NAZIMABAD-II, KARACHI--Respondent
Civil Petition No. 1376 of 2008, decided on 8.7.2009.
(On appeal from judgment of the Islamabad High Court Islamabad dated 30.7.2008 passed in RFA No. 8/2008).

Order

Sardar Muhammad Raza Khan, J.--Roznama Hamdard C/o Maymar Times seeks leave to appeal from the judgment dated 30.7.2008 of Islamabad High Court, whereby, the appeal filed by Hamdard National Foundation Pakistan (respondent) was accepted and their suit was decreed to the extent that the petitioner be restrained from infringing the respondent's registered trademark "Hamdard" by using the same for their publication Roznama Hamdard.

2.  The petitioner initiated the publication of a daily newspaper under the name of Hamdard which was challenged by Hamdard National Foundation Pakistan, Hamdard Centre, Nazimabad-II Karachi, on the ground, that it was a clear violation of their registered trademark Hamdard.   That  they   were  publishing  two  journals  by  the  name  of Hamdard Naunehal and Hamdard-e-Sehat. That the name of the petitioner's daily newspaper as Hamdard is a clear violation of respondent trademark which is tantamount to deception. The learned High Court accepted the view and restrained the petitioner from naming their daily newspaper as Hamdard.

3.  We have considered the allegations and counter allegations of the parties in the light of the discussion adhered to by the learned High Court. It brings us to an emphatic conclusion that the petitioner's name gives an abrupt impression that it is some publication of Hamdard National Foundation. It certainly is deceptive and so was rightly declared by the learned High Court. The authorities relied upon would not help the petitioner because it is a question of fact which varies from case to case. In the instant case we have no doubt in our mind that the name of petitioner daily newspaper creates deception.

4.  There being no merit in the petition, it is hereby dismissed and leave to appeal refused.

(R.A.)      Leave refused.