Trade Mark Infringement and Interim Injunctions: Key Legal Insights

Table of Contents

1. Introduction
2. What is an Interim Injunction?
3. The Case of “SAMSARA”
4. Court’s Decision
5. Lessons from This Case
   • Unregistered Trade Marks Require Strong Evidence
   • An Injunction is Not Automatic
   • Partnership Agreements Matter
6. Final Thoughts
7. Legal Assistance by Advocate M. Amin

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Introduction

Trade mark disputes often arise in business. One of the most important legal tools in these cases is an interim injunction. Courts issue these orders to prevent a party from using a disputed trade mark until they reach a final decision.

However, not every party can obtain an interim injunction. Courts only grant them when specific conditions exist. A recent case involving the trade mark “SAMSARA” provides valuable insights into this issue.

What is an Interim Injunction?

An interim injunction is a temporary court order that stops a party from using a trade mark while the case is still pending. It prevents potential harm before the final decision.

To get an interim injunction, the party must prove three things:

1. Prima facie case – They have a strong legal claim.
2. Balance of convenience – The injunction does not unfairly harm the other party.
3. Irreparable loss – They will suffer damage that cannot be fixed later.

The Case of “SAMSARA”

In this case, the plaintiff (Respondent No. 1) claimed that they created and used the trade mark “SAMSARA” before the defendant (Appellant). The defendant, however, argued that the trade mark belonged to a partnership between both parties.

Key Facts of the Case:

• No one had registered the trade mark.
• Both parties had applied for trade mark registration.
• The plaintiff claimed they had used the trade mark first.
• The defendant presented a partnership agreement showing that both parties used the trade mark together.

Court’s Decision

The Intellectual Property Tribunal initially granted an interim injunction and stopped the defendant from using the mark. However, the High Court later reversed the decision.

The High Court ruled that:

• The plaintiff failed to prove prior use of the trade mark.
• The partnership agreement showed both parties agreed to use the trade mark.
• The case did not meet the three legal conditions for an injunction.

Lessons from This Case

This case highlights important legal principles in trade mark disputes.

Unregistered Trade Marks Require Strong Evidence

• If a trade mark is not registered, the claimant must show clear proof of prior use.
• Courts consider sales invoices, advertisements, business records, and other documents.

An Injunction is Not Automatic

• Courts do not grant an injunction simply because someone claims ownership.
• Judges carefully assess whether the claim is genuine and supported by evidence.

Partnership Agreements Matter

• If a trade mark is used under a business partnership, both partners share ownership unless proven otherwise.
• Written agreements play a crucial role in deciding trade mark ownership.

Final Thoughts

Trade mark disputes can be complicated, especially when ownership is unclear. If you are involved in such a case, you must gather strong evidence and ensure all agreements are in writing. Courts make decisions based on facts, not just claims.

Legal Assistance by Advocate M. Amin

If you need legal help with trade mark registration, disputes, or intellectual property rights, Advocate Muhammad Amin can assist you. With years of experience in trade mark and business law, he provides expert guidance to protect your brand.

📍 Office: Office No. 14, Zeb Plaza, University Road, Tahkal Payan, Peshawar.
📞 Contact: 0313 9708019