ROZNAMA HAMDARD through Chief Editor vs HAMDARD NATIONAL
This petition for leave to appeal arose from a judgment of the Islamabad High Court, which had restrained the petitioner, Roznama Hamdard, from using the name "Hamdard" for its daily newspaper publication. The respondent, Hamdard National Foundation Pakistan, had successfully argued that the petitioner's use of the name "Hamdard" constituted an infringement of their registered trademark and was deceptive, given the respondent's established reputation and existing publications like "Hamdard Naunehal" and "Hamdard-e-Sehat." The core legal question before the Supreme Court was whether the petitioner's use of the name "Hamdard" for its newspaper created a likelihood of deception among the public regarding its origin or affiliation. Upon review, the Supreme Court upheld the High Court's decision, concluding that the name "Hamdard" used by the petitioner created an abrupt and misleading impression that the publication was associated with the respondent's organization. Consequently, the Court dismissed the petition, affirming that the name was indeed deceptive. The key principle established is that the determination of trademark infringement and deception is a question of fact that must be assessed based on the specific circumstances of each case.
- Does the use of a registered trademark name by a third party for a newspaper constitute actionable deception?
- Is the determination of trademark infringement and deception considered a question of fact dependent on the specific circumstances of the case?
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.
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