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09 September 2019
The Intellectual Property Tribunal recently vacated an interim injunction granted in a case brought by Brands for Less LLC against Brands 4 Less concerning the use of the mark BRANDS 4 LESS.
Brands for Less sells designer clothes at discounted prices under the trademark BRANDS FOR LESS and has applied to register said mark in Pakistan.
Brands for Less brought an action before the Intellectual Property Tribunal claiming that the defendant's BRANDS 4 LESS mark was deceptively similar to its mark for the same line of business. In the first instance, the plaintiff secured an interim injunction restraining the defendant from:
Brands for Less argued that it was the rights holder of a well-known mark and was therefore entitled to injunctive relief under Section 86(3) of the Trademark Ordinance 2001, which requires no actual use or registration of a mark by rights holders in Pakistan. Further, Brands for Less based its argument on the dilution of its well-known trademark and the alleged damage suffered as a result.
The defendant company, which operates under the name Brands 4 Less and resells branded and designer clothing, had applied for trademark registration of the BRANDS 4 LESS mark in Pakistan.
Brands 4 Less challenged the injunction on the following grounds:
The Intellectual Property Tribunal agreed that Brands for Less had failed to make an adequate case for granting an interim injunction. Further, it stated that a well-known mark may be a good ground for registering IP rights in another territory, but not for injunctive relief, unless a balance of convenience can be established.
As a result, the tribunal decided in favour of the defendant and vacated the interim injunction.
For further information on this topic please contact Seema S Mansoor at Vellani & Vellani by telephone (+92 21 3580 1000) or email (firstname.lastname@example.org). The Vellani & Vellani website can be accessed at www.vellani.com.
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