CAPITAL PLASTIC INDUSTRIES Vs. KAPITAL PLASTIC INDUSTRIES

JUDGEMENT

(1.) C.M. 1340 of 1988: The appellant/plaintiff filed a suit for perpetual injunction against the defendant for restraining him from manufacturing, selling or otherwise dealing in thermo jug under the trade mark RAHBER or any other trade mark which may be identical or deceptively similar to the plaintiff's trade mark RABBER and passing off his thermo or other goods of similar description under the trade mark RABBER. The suit was accompanied by an application under Order 39 Rules 1 and 2 for the grant of interim relief during the pendency of the suit. The learned single judge dismissed the application vide order under appeal dated May 20, 1988. The appeal has been admitted. The prayer made in this application is for the grant of interim injunction in terms of the perpetual injunction prayed for in the suit.

(2.) THE learned single Judge expressed that so far as the plaintiff's mark RABBER is concerned, from the material on record it is prima facie established that the trade- mark is being used from the year 1984 that there are bills of sales pertaining to this mark upto July 1985, That the documents placed on record also reflect the advertisements and publicity done for the mark but it appears that the plaintiff discontinued and abandoned this mark in September 1985 and started using he other mark RAHBER. THE learned single Judge also noticed that both the plaintiff as well as the defendant are pirators as they have adopted this mark which already stands registered in the name of Plastic rafters Limited, Premier Insurance Building, Wallace Road, Karachi, On this view of the case he came to the conclusion that none of them is entitled to claim any relief on the basis of this mark.