The Sindh High Court recently overturned a registrar of trademarks' decision following an appeal by Moonlite Trading and rejected MF Enterprises' application to register its infringing FASTER BLACK COBRA mark. The decision applied the concept of totality of impression and the average consumer test to ascertain whether the registration of the FASTER BLACK COBRA mark would infringe Moonlite Trading's COBRA mark.
Aldo Group International AG filed a suit for trademark infringement and passing off against Aldo Shoes to restrain it from using the name and trademark ALDO in Pakistan in relation to its shoe business. While the single bench of the High Court of Sindh refused to grant injunctive relief to Aldo Group International AG, the court's appellate bench recently allowed its appeal against Aldo Shoes.
The High Court of Sindh recently allowed an appeal filed by Novartis AG against Nabiqasim Industries (Private) Limited and restrained the latter from using the trademark DESCOL on account of its similarity with Novartis's prior registered trademark LESCOL. The court's appellate bench asserted that in the case of pharmaceutical products, the public must be protected from the possibility of confusion at all times.
The Patent Cooperation Treaty (PCT) provides the best option for obtaining an international patent. Pakistan plans to accede to the Madrid Protocol in 2019 and become a contracting member of the PCT in 2020. In this regard, the Intellectual Property Organisation of Pakistan is in the process of updating its IP laws, including the Patent Ordinance 2000, to incorporate the relevant PCT provisions.
In a recent case, the appellant challenged the Additional District Court's decision to dismiss a permanent injunction issued against the respondent for its adoption of a mark that was confusingly similar to that of the appellant. The decision reflects that unregistered trademark rights can be protected through a passing-off claim where it can be established that the trademark has gained distinctiveness as a result of its continuous use over time.