1. ' NADEEM AZHAR SIDDIQI, J.-- Plaintiff has filed this suit with the prayer that the defendants may be restrained from using the trade marks "Wrangler" and the "W" stitch logo and for compensation.
2. ' The facts necessary for disposal of this case are that the plaintiffs claimed that the trade mark Wrangler was first used in the year 1905 by the plaintiff predecessors-in-interest in United State and it has been continuously and extensively used as a trade mark throughout the world and that trade mark is being used in more than 140 countries of the worlds including Pakistan. It was further stated in the plaint that in order to protect its interest in Pakistan the plaintiff has obtained registration of the trade mark "Wrangler" either alone and other features in respect of a variety of goods under the Trade Marks Act, 1940 (now repealed by the Trade Marks Ordinance, 2001). Along with Plaint Registration Certificate has been filed which is available at pages 225 to 229. It has been alleged in the plaint that the Plaintiff has recently become aware that the defendant has started manufacturing, packing and selling clothing including jeans, jackets, shirts, belts and various other items using the imitated trade marks "Wranee and "W" stitch logo. It was further alleged that using of the imitated trade marks "Wrangler" and "W" stitch logo by defendant is deliberate, unauthorized, mala fide, and fraud upon the plaintiff and the public. In the plaint it was further alleged that the use of imitated trade marks "Wrangler" and the "W" stitch logo is bound to deceive and cause confusion in the minds of unwary purchasers and public who would be induced to believe that the goods of the defendant originate from the plaintiff or are associated in some manner with the plaintiff.
3. ' The summons were served upon the defendant. Mr. Khurram Gul Ghori, . Advocate has undertaken to file power on behalf of the defendant but neither the power nor written statement has been filed.
4. Thereafter, vide order dated 31-1-2005 direct notice was ordered to be issued to the defendant.
5. Finally the defendant was declared ex parte on 3-4-2006.
6. ' The Plaintiff filed affidavit-in-evidence of Naheed Afzal Qari and has reiterated the same facts as stated in the plaint. On the date of hearing learned counsel for the plaintiff produced seven registration certificates of the trade marks "Wrangler" and "W" stitch loge (photo copies of which are taken on record and the originals were returned to the learned counsel for the plaintiff after verification).
7. ' Ms. Amna Salman, learned' counsel for the plaintiff, submits that the plaintiff is registered proprietor of trade marks "Wrangler" and "W" stitch logo and the defendant with ulterior motive to cause confusion and deception is using the same for" selling its products. She referred to the Photocopies of the documents filed on the date of argument to show that the plaintiff is the proprietor of trade marks registered in favour of the plaintiff. She further submits that the defendant under law is not authorized to use the registered trade marks of the plaintiff for the sale of its products.
8. ' The plaintiff has claimed infringement of its registered trade marks "Wrangler" and "W" stitch logo.
9. The Plaintiff in support of his claim has placed on record photocopies of the registration certificates issued by the Trade Mark Registry Karachi, the defendant has not filed any written statement challenging the claim of the Plaintiff. Assertion of the Plaintiff in the plaint as well as in the affidavit- in-evidence has gone unrebutted and unchallenged.
10. ' Section 39 of the Trade Marks Ordinance, 2001, provides that a registered trade mark shall be personal property and a proprietor of registered trade mark shall have exclusive rights in the trade mark and the rights of the proprietor shall have effect from the date of registration. Section 40 of the Trade Marks Ordinance, 2001, provides that a person shall infringe a registered trade mark if such person uses in the course of trade a mark which is identical with the trade mark in relations to goods or services which are identical with those for which it is registered.
11. The defendant neither filed written-statement nor in any manner denied the contentions of the plaintiff. The trade marks "Wrangler" and "W" stitch logo is registered in favour of the plaintiff and only the plaintiff has exclusive rights to use the same and defendant cannot use the same for marketing and selling its products. The using of the registered trade marks of plaintiff by the defendant on its products amounts to infringement of the registered trade marks of the plaintiff.
12. ' The plaintiff has proved its case and is entitled to a decree in its favour. The learned counsel for the plaintiff submits that she is only pressing Clauses (i) and (ii) of the prayer.
13. ' In view of the above the suit of the plaintiff is decreed in respect of prayer clauses (i) and (ii) of the plaint. Office is directed to prepare the decree in the above terms.
14. ' The parties, will bear their own costs.