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26 November 2018
The High Court of Sindh has allowed an appeal filed by Aldo Group International AG against Aldo Shoes and has restrained the latter from using the name and trademark ALDO in relation to its shoe stores and footwear.
Aldo Group International AG filed a suit for trademark infringement and passing off against Aldo Shoes to restrain Aldo Shoes from using the name and trademark ALDO in Pakistan in relation to its shoe business.
Aldo primarily relied on its historical and extensive use of the name and trademark ALDO. Extensive information was placed before the court to highlight the historical and extensive use of the name and trademark ALDO and to explain Aldo's franchise system as it exists in various countries. However, Aldo could not illustrate direct sales of its products in Pakistan since it has no stores there as yet.
Reliance, on the other hand, was placed on four applications that Aldo owned in Pakistan for the trademark ALDO in Classes 14 (fashion accessories), 18 (bags), 25 (footwear) and 35 (retail services).
While giving due weight to the absence of direct sales of Aldo shoes in Pakistan and to the different points of sale of the goods concerned, the single bench of the high court refused to grant injunctive relief to Aldo Group International AG.
Aggrieved by the order of the single bench of the High Court of Sindh, Aldo Group International AG filed an appeal, which was heard by the appellate bench of the High Court of Sindh.
The appellate bench of the high court questioned the respondent with regard to the adoption of the name ALDO. In order to satisfy the court, the respondent claimed to have derived the name ALDO from the personal name of the respondent's grandfather, that is, Allah-wasayo Deen Omer. Not being convinced by the respondent's justification, the court asked the respondent's counsel to explain the grounds (and merits, if any) behind the respondent's adoption of and use of the name ALDO.
In response, the respondent's counsel did not press any arguments against the allowance of the appeal; however, the respondent's counsel requested that the trial court be directed to decide the main suit within four months after recordal of evidence.
Hence, the appellate bench of the High Court of Sindh overturned the order passed by the single bench of the high court and restrained the respondent from using the trademark ALDO or otherwise operating any shoe or footwear store under the ALDO trademark or the ALDO stores trade name until the pendency of the suit.
For further information on this topic please contact Sana Shaikh Fikree at Vellani & Vellani by telephone (+92 21 3580 1000) or email (email@example.com). The Vellani & Vellani website can be accessed at www.vellani.com.
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Sana Shaikh Fikree