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.