‘Deception’ charge: SC to sample beverages in trademark dispute

Company barred by SHC from selling products challenges verdict in top court

ISLAMABAD: The top court has decided to sample the products of two rival beverage companies to decide a case related to infringements of trademark.

A three-judge apex court bench, headed by Justice Gulzar Ahmad, took up the plea of a beverage company against the Sindh High Court’s May 2 order. The court had barred the company from selling its drink named ‘Rooh-e-Samar’.

The trademark dispute erupted between Muhammad Faheem and Hamdard Laboratories after the latter claimed that the rival company was selling and marketing ‘Rooh-e-Samar’ with the packaging, colour scheme and a name similar to its product marketed under the trademark of Rooh Afza.

The high court, on May 2, restrained the selling of goods under Rooh-e-Samar trademark. Now the same company which is selling goods under Rooh-e-Samar trademark has challenged the order of the SHC division bench.

Abdul Rauf Rahila, counsel for the petitioner, stated that Rooh-e-Samar trademark is a registered company and Article 18 of the Constitution has given it the right to run its business and according to section 36(1) of Trademark Act 1940, the defendant can use the applied trademark with its product. He further stated that their product was not similar in colour scheme and therefore there arises no question of deception to consumers.

The counsel for the applicant also placed the copies of the label(s) of 'Sharbat Rooh Afza', 'Rooh-e-Shireen (a registered trademark of Quice) and 'Rooh-e-Samar' duly pasted on a single paper to show that there is no deceiving resemblance.

After hearing the arguments, the bench has asked both the parties to produce the sample of their goods at the next date of hearing. The hearing of the case is adjourned for indefinite period.

Published in The Express Tribune, June 11^th, 2016.