ROZNAMA HAMDARD vs HAMDARD NATIONAL FOUNDATION PAKISTAN, HAMDARD CENTRE, NAZIMABAD-II, KARACHI
This matter arises from a petition for leave to appeal filed by Roznama Hamdard against the judgment of the Islamabad High Court, which accepted the respondent's appeal and decreed their suit, restraining the petitioner from infringing the registered trademark "Hamdard" by using it for the publication of their daily newspaper. The core legal question concerns whether the use of the name "Hamdard" for the petitioner's daily newspaper constitutes an infringement and creates deception regarding the registered trademark of Hamdard National Foundation Pakistan, which publishes "Hamdard Naunehal" and "Hamdard-e-Sehat". The Supreme Court held that the petitioner's publication name gives an abrupt impression that it is associated with the respondent foundation, thereby causing clear deception. The petition was dismissed and leave to appeal was refused. The key principle laid down is that the unauthorized use of a registered trademark for a publication name that creates an impression of association and deception amounts to trademark infringement.
- Does the use of the name "Hamdard" for a daily newspaper constitute an infringement of a registered trademark?
- Whether the unauthorized use of a trademark that creates an impression of association with the trademark holder amounts to deception?
ORDER
Sardar Muhammad Raza Khan, J.--Roznama Hamdard C/o Maymar Times seeks leave to appeal from the judgment dated 30.7.2008 of Islamabad High Court, whereby, the appeal filed by Hamdard National Foundation Pakistan (respondent) was .accepted and their suit was decreed to the extent that the petitioner be restrained from infringing the respondent's registered trademark "Hamdard" by using the same for their publication Roznama Hamdard.
2. The petitioner initiated the publication of a daily newspaper under the name of Hamdard which was challenged by Hamdard National Foundation Pakistan, Hamdard Centre, Nazimabad-II Karachi, on the ground, that it was a clear violation of their registered trademark Hamdard. That they were publishing two journals by the name of Hamdard Naunehal and Hamdard-e-Sehat. That the name of the petitioner's daily newspaper as Hamdard is a clear violation of respondent trademark which is tantamount to deception. The learned High Court accepted the view and restrained the petitioner from naming their daily newspaper as Hamdard.
3. We have considered the allegations and counter allegations of the parties in the light of the discussion adhered to by the learned High Court. It brings us to an emphatic conclusion that the petitioner's name gives an abrupt impression that it is some publication of Hamdard National Foundation. It certainly is deceptive and so was rightly declared by the learned High Court. The authorities relied upon would not help the petitioner because it is a question of fact which varies from case to case. In the instant case we have no doubt in our mind that the name of petitioner daily newspaper creates deception.
4. There being no merit in the petition, it is hereby dismissed and leave to appeal refused.