Background of the case:

The Commission received a complaint alleging that M/s Pakistan Leather International (JKT) (Respondent No.1) and M/s Pakistani Leather Jacket House (Respondent No. 2) were disseminating false and misleading information to consumers by fraudulently using the Complainant’s registered trademark, trade dress and logo on its marketing material, which was also capable of harming the business interest of the Complainant.

An Enquiry was initiated to probe into the matter. The Enquiry Report found that while the Respondents were not using the Complainants trademark, Respondent No.1 was imitating the Complainant’s trade dress, while Respondent No. 2 had his own unique trademark. It was concluded that Respondent No. 1’s conduct in violation of the provisions of Section 10(1) of the Act, in terms of Section 10 (2) (d) of the Act.

Issues:

i) Whether the enquiry in the matter has been conducted in violation of any rules and with mala fide intentions?

ii) Whether the Respondent has resorted to deceptive marketing practices in violation of Section 10 of the Act?

Order:

The Commission noted that the proprietor of Respondent No. 1 had admitted on oath before the Commission that Respondent No. 1 was using packaging material similar to that of the Complainant and that the Respondent had not discontinued the use thereof.

The Commission directed the Respondent No.1 to cease and desist from using the trademark of the Complainant and from using packaging material similar to that of the Complainant or any other undertaking. Furthermore, the Respondent was forewarned that in case of non-compliance of the aforesaid directions a penalty of Rs. 500,000 (Rupees Five Hundred Thousand Only) per day from the receipt of this Order would be imposed in addition to the initiation of criminal proceeding against the Proprietor of the Respondent under sub-section (5) of Section 38 of the Act before the Court of competent jurisdiction.

Current Status:

In the instant matter, the directions of the Commission have been compiled with. Therefore, the matter stands disposed as per the satisfaction of the Commission.