ORDER SHEET
IN THE HIGH COURT OF SINDH AT KARACHI
Suit No.2436 of 2015
------------------------------------------------------------------------------------------------------------
DATE ORDER WITH SIGNATURES OF JUDGE(S)
------------------------------------------------------------------------------------------------------------
1. For hearing of CMA 17938/15
2. For hearing of CMA 7013/16
3. For hearing of CMA 7014/16
Dated: 05.09.2018
Plaintiff Mrs. Auj Fatima Jafri in person.
Mirza Mehmood Baig for defendant.
-.-.-
1) The plaintiff, Auj Fatima Jafri, an entrepreneur and professional fashion designer, claims that she has been doing this business since 2004 and has earned reputation in her field. She states that she originally made an application for registration of trademark “AUJ” bearing application No.234407 dated 29.03.2007 in Class 25, which application is still pending, as well as she has also made a number of applications for registration of various designs/variations of “AUJ” and “AUJ FATIMA” trade marks, copies of such applications are attached between pages 25-109. She also claims having filed applications for copyright registration, which are available between pages 112 to 115, of which public notice has also appeared in newspapers, copy attached at page 117. She has also provided extensive material between pages 127-199 showing use of her trademark “AUJ” in relation to clothing and fashion design products. Also various annexure between pages 203-627 with regard to her continuing operations under the name “AUJ” are also attached. She claims to have been duly registered with the Board of Revenue as a tax-payer for which documents are provided between pages 633-645. Some additional proof for using trademark “AUJ” in relation to her line of clothing is provided between pages 659 to 742.
On the basis of these applications as well on the basis of her prior in time adoption and use of trademark “AUJ”, plaintiff seeks to restrain the defendants who allegedly have solely filed an application for “AUJ” registration of trademark on 06.07.2015 of which a copy is attached at page 653 to the counter filed by defendant to instant application under order XXXIX rule 1 and 2 CPC. Plaintiff states that as a part of her profession, she has been from time to time providing fashion designing services to various companies including “Porcia” and that her products are also available at various other retailers. However, as an important dimension of her work is her own line of products sold under trademark “AUJ” which she has been selling from an early stage of her career.
Through the instant application plaintiff prays that defendant be restrained from using trademark “AUJ” or any colourable imitation thereof .
Learned counsel for defendant though has filed a bulky counter to the instant application spreading over 656 pages of evidence, however submits that he has not brought his file with him. But a review of the documents filed along with his counter shows that, other than filing an application of “AUJ” trademark on 06.07.2015 (page 653 of the counter), no evidence of use of the said trademark in the course of trade by the defendant is made available on the record.
Be that as it may, the counsel still seeks time in respect of an application pending as of 09-12-2015. By way of last opportunity time is granted to the counsel for defendant and the matter is adjourned to 17.09.2018, however till that date as an interim measure, defendants not to use trademark “AUJ” or any colourable imitation thereof in respect of their clothing products and services.
J U D G E