MESSRS G. M. PFAFF A. G. vs SARTAJ ENGINEERING CO. LTD. AND 3 OTHERS — 1971 PLD 564

Citation: 1971 PLD 564

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-05-14

Parties: MESSRS G. M. PFAFF A. G. vs SARTAJ ENGINEERING CO. LTD. AND 3 OTHERS

Headnotes

Case cited as PLD 1971 Supreme Court 564

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Sajjad Ahmad Jan, Muhammad Yaqub Ali Khan Title: MESSRS G. M. PFAFF A. G. vs SARTAJ ENGINEERING CO. LTD. AND 3 OTHERS Case No.: Civil Appeal No, 267 of 1969 Date of Judgment:1971-05-14 Reported As: PLD 1971 Supreme Court 564 Result: Appeal accepted JUDGMENT JUDGMENT HAMOODUR RAHMAN, C. J.--This appeal by special leave arises out of the judgment of a Division Bench of the erstwhile High Court of West Pakistan, Lahore seat, in a First Appeal from an order of the District Judge, Lahore, vacating an ex parte temporary injunction order issued by him earlier. The said appeal in the High Court arose out of a suit filed by the appellant-Company under section 21 of the Trade Marks Act read with sections 54 and 55 of the Specific Relief Act for the infringement of its trade mark "Pfaff". The appellant's contention was that even though the respondent KayserSartaj Company Ltd. was a joint venture of the appellant-Company and the respondent Sartaj Industries Ltd., the respondents had no right to use the said trade mark which was a duly registered trade mark in Pakistan belonging to the appellant-Company. The latter further claimed that under the agreement existing between it and Sartaj Industries Ltd., the Kayser-Sartaj Co. Ltd., had no right to affix this trade mark to sewing machines produced by it or to pass off the machines produced by it as the products of the appellant-Company which had its own independent sole…

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