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M/s Shah & Sons moves SHC against using its trademarks by other importer for exporting of rice

M/s Shah & Sons moves SHC against using its trademarks by other importer for exporting of rice

KARACHI: The Sindh High Court (SHC) issued notices to officials of customs department, Directorate of Intellectual Property Rights (South) and others on a constitutional petition filed by Muhammad Shah Kakar of M/s Shah & Sons against using its trademarks from other importer for exporting of rice.

On 6 April 2020, a two-member bench, headed by Justice Aqeel Ahmed Abbasi was hearing the matter.

During the hearing, counsel for the petitioner submitted that petitioner is engaged in export of rice from Pakistan to various countries under well-known Pakistani known trademarks and by virtue of continuous export of high quality rice from Pakistan to the other countries, the plaintiff’s trademarks have acquired a distinct standing at home and overseas.

He further submitted that trying to capitalize on the good-will and reputation of the plaintiff’s trademarks abroad, many rice dealers have tried to use the plaintiff’s trademarks and exported the same to various countries where the plaintiff’s rice is exported, the M/s Hassan Corporation Millers & Rice Exporters is one of them.

He said that in order to curb the export of the plaintiff’s counterfeit trademarks rice from Pakistan, the plaintiff filed a written complaint to Collector of Customs (Exports) Port Qasim providing him concrete details of a consignment of rice, however, no action has been taken against said exporter by the respondents.

Citing Collector of Customs Collectorate Exports, Directorate of Intellectual Property Rights (South) and M/s Hassan Corporation Millers & Rice Exporters as respondents, petitioner pleaded the court may declare that act of the respondents is illegal, mala fide and arbitrary and direct them to restrain said exporter from using its trade mark for exporting of rice.