The Competition Commission of Pakistan (CCP) has issued show cause notices to seven courier service providers for misleading the consumer by using the trademark of M/s DHL Pakistan (Pvt) Limited fraudulently and without authority for advertisement/marketing purposes. Such an act is considered to be false, misleading and is capable of harming the business interest of the DHL and amounts to be in violation of Section 10 of the Competition Act, 2010. M/s DHL Pakistan (Pvt.) Limited filed seven formal complaints before the CCP alleging that Mr. Uzair Zain-ul-Abidin (Uzair), Mr. Asif Iqbal (Asif), Mr. Waqqas Ahmad Malik (Waqqas), Mr. Nauman Anwar Butt (Butt), Mr. Rehan Sheikh (Rehan), Mr. Malik M. Pervaiz (Pervaiz) of ACCS International World Wide Express and Raja Asir Munir (Asir) (respondents) are fraudulently using its stylized and artistically created logo/trademark without its or its principal’s permission/authorization/consent thus violating Section 10 of the Competition Act. An enquiry conducted by CCP revealed that there appeared to have been no authorization given by DHL to the abovementioned respondents to use its trademark, thus its use by them for advertisement/marketing purposes, prima facie, was fraudulent which amount to deceptive marketing practices in terms of subsection Section 10 of the Competition Act. The enquiry report observed that deceptive marketing practices have a direct impact on consumers and the public at large. It is in the interest of the general public that the Undertakings should be stopped from advertising their products/services in an unfair and misleading manner and be encouraged to resort to the advertising practices which are transparent and gives consumers/customers true and correct information. Based on the recommendations of the enquiry report and in order to safeguard the business interest of the undertakings as well as of the consumers in accordance with law, the show cause notices were issued by Mr. Ikram Ul Haque Qureshi, Director General (Legal)/Registrar of CCP. In the show cause notices the Respondents have been given fourteen (14) days time to file their written reply and to avail the opportunity of being heard on 13 March 2012 before CCP. It is pertinent to mention here that CCP under its mandate is actively working to safeguard the consumers from deceptive marketing practices and has passed seven orders against major undertakings such as Proctor & Gamble, Paint Manufacturers, M/s S.C. Johnson and Sons Zong and Ufone and four major Banks for violating Section 10 of the Competition Act that deals with deceptive marketing practices. Earlier, CCP also took cognizance of the fraudulent use of trademark of BMW and Harley Davidson by Ace Group of Industries, which was instantly discontinued.
The Competition Commission of Pakistan (CCP) has issued show cause notices to seven courier service providers for misleading the consumer by using the trademark of M/s DHL Pakistan (Pvt) Limited fraudulently and without authority for advertisement/marketing purposes. Such an act is considered to be false, misleading and is capable of harming the business interest of the DHL and amounts to be in violation of Section 10 of the Competition Act, 2010.
M/s DHL Pakistan (Pvt.) Limited filed seven formal complaints before the CCP alleging that Mr. Uzair Zain-ul-Abidin (Uzair), Mr. Asif Iqbal (Asif), Mr. Waqqas Ahmad Malik (Waqqas), Mr. Nauman Anwar Butt (Butt), Mr. Rehan Sheikh (Rehan), Mr. Malik M. Pervaiz (Pervaiz) of ACCS International World Wide Express and Raja Asir Munir (Asir) (respondents) are fraudulently using its stylized and artistically created logo/trademark without its or its principal’s permission/authorization/consent thus violating Section 10 of the Competition Act. An enquiry conducted by CCP revealed that there appeared to have been no authorization given by DHL to the abovementioned respondents to use its trademark, thus its use by them for advertisement/marketing purposes, prima facie, was fraudulent which amount to deceptive marketing practices in terms of subsection Section 10 of the Competition Act.
The enquiry report observed that deceptive marketing practices have a direct impact on consumers and the public at large. It is in the interest of the general public that the Undertakings should be stopped from advertising their products/services in an unfair and misleading manner and be encouraged to resort to the advertising practices which are transparent and gives consumers/customers true and correct information. Based on the recommendations of the enquiry report and in order to safeguard the business interest of the undertakings as well as of the consumers in accordance with law, the show cause notices were issued by Mr. Ikram Ul Haque Qureshi, Director General (Legal)/Registrar of CCP. In the show cause notices the Respondents have been given fourteen (14) days time to file their written reply and to avail the opportunity of being heard on 13 March 2012 before CCP.
It is pertinent to mention here that CCP under its mandate is actively working to safeguard the consumers from deceptive marketing practices and has passed seven orders against major undertakings such as Proctor & Gamble, Paint Manufacturers, M/s S.C. Johnson and Sons Zong and Ufone and four major Banks for violating Section 10 of the Competition Act that deals with deceptive marketing practices. Earlier, CCP also took cognizance of the fraudulent use of trademark of BMW and Harley Davidson by Ace Group of Industries, which was instantly discontinued.
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