MESSRS KHURSHEED INDUSTRIES CORPORATION AND OTHERS vs MESSRS — 1971 SCMR 12

Citation: 1971 SCMR 12

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: MESSRS KHURSHEED INDUSTRIES CORPORATION AND OTHERS vs MESSRS JUDGMENT

Headnotes

Case cited as 1971 SCMR 12

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Mujibur Rahman Khan Title:MESSRS KHURSHEED INDUSTRIES CORPORATION AND OTHERS vs MESSRS JUDGMENT Reported As: 1971 SCMR 12 Result: appeal allowed Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-Civil Petition No. 83-D of 1969 is a petition for special leave to appeal from an appellate judgment of a Division Bench of the High Court of East Pakistan dismissing an appeal from a suit for a declaration that the respondents were the registered proprietors of a certain design of tiffin carriers, for a permanent injunction for restraining the petitioners, their agents or servants from manufacturing or selling the tifffn carriers of the said design as well as for damages for passing off. The suit was filed in the Court of the District Judge, Dacca, who came to the conclusion that the design of the respondents was registered and given the No. 3534 in the office of the Control--ler of Patents and Designs under section 43 of the Patents and Designs Act, 1911, on the 20 of April 1964. The said respondents were, therefore, declared to have acquired a copy right in the said design with effect from the said date in terms of section 47 of the above-mentioned Act. A decree was, accordingly, made in their favour declaring their right to the said design and permanently restraining the petitioners from manufacturing tiffin carriers of the same design. The claim for damages was, however, disallowed. The High Court has affirmed the…

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