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Vellani & Vellani | 21 Sep 2020

Generic trademarks and deceptive marketing practices: Competition Commission rejects genericism defence

Pursuant to a complaint of fraudulent use of a registered trademark, logo and packaging design, the Competition Commission initiated an inquiry into, and thereafter issued show cause notices to, two respondents for engaging in deceptive marketing practices under the Competition Act. Similarly, an inquiry was initiated against New Yorker Pizza for alleged deceptive marketing practices based on......
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Vellani & Vellani | Pakistan | 17 Sep 2020

Generic trademarks and deceptive marketing practices: Competition Commission rejects genericism defence

Pursuant to a complaint filed by Nimco Corner, the Competition Commission initiated an inquiry into, and thereafter issued show cause notices to, two respondents for engaging in deceptive marketing practices under the Competition Act. Similarly, an inquiry was initiated against New Yorker Pizza for alleged deceptive marketing practices based on a complaint filed by The New York Pizza.
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Vellani & Vellani | Pakistan | 13 Jul 2020

Salient features of Geographical Indications (Registration and Protection) Act

Many countries have adopted geographical indication (GI) laws to protect indigenous products, including handicrafts and agricultural, natural, horticultural and industrial products originating from a specific region. On 27 March 2020, after revisions and much deliberation, Parliament finally passed the Geographical Indications (Registration and Protection) Act 2020 in order to establish a......
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Vellani & Vellani | Pakistan | 4 Jun 2020

Competition Commission adopts measures amid COVID-19 pandemic to facilitate filings and hearings

In light of the COVID-19 pandemic, Pakistan has been under a nationwide lockdown since 23 March 2020. As such, the Competition Commission recently launched an online M&A application filing system to facilitate local and foreign stakeholders with mergers, acquisitions and joint ventures. Further, in order to continue its regular functions amid the pandemic, the Competition Commission has......
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Vellani & Vellani | Pakistan | 18 May 2020

Patent owners' rights under Patents Ordinance 2000

The Patents Ordinance 2000 is a consolidated amended law relating to the protection of inventions and patents in Pakistan. As a registered patent owner, a patentee can authorise or prevent third parties from using its patent or manufacturing a product or offering to sell a product or service that uses its patented invention, subject to certain limitations.
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Vellani & Vellani | Pakistan | 6 Feb 2020

Food for thought: Engro Foods investigated for deceptive marketing practices

Pursuant to a complaint by Nestlé Pakistan Limited, the Competition Commission of Pakistan (CCP) initiated an inquiry into Engro Foods Limited for misleading consumers and engaging in deceptive marketing practices under the Competition Act 2010. The CCP concluded that Engro Foods had been involved in deceptive marketing practices and, in the interest of the general public and other market......
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Vellani & Vellani | Pakistan | 2 Dec 2019

Registered trademark deleted from trademark register for non-use

The Lahore High Court recently heard an appeal of the registrar of trademarks' decision to delete a mark on the grounds of non-use. The appellant had failed to provide sufficient evidence to prove its mark, whereas the respondent had filed extensive documentary evidence to show that it was a bona fide manufacturer and user of the relevant trademark.
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Vellani & Vellani | Pakistan | 9 Sep 2019

Intellectual Property Tribunal vacates interim injunction in trademark case

The Intellectual Property Tribunal recently vacated an interim injunction granted in a case brought by Brands for Less LLC against another retailer concerning its use of the BRANDS 4 LESS mark. The tribunal found that Brands for Less had failed to make an adequate case for granting an interim injunction and stated that a well-known mark may be a good ground for registering IP rights in......
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Vellani & Vellani | Pakistan | 29 Aug 2019

Competition Commission initiates Phase II review of Uber's acquisition of Careem

The Competition Commission recently decided on a joint pre-merger application by Uber Technologies, Inc and Careem Inc and concluded that – based on its assessment of the relevant market – the proposed merger was likely to substantially weaken competition through the creation or strengthening of a dominant position in the relevant market. Thus, the commission initiated a Phase II review.
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Vellani & Vellani | Pakistan | 13 Jun 2019

Penalty imposed on electric cable manufacturers for non-disclosure of material information

The Competition Commission recently initiated proceedings against 18 electric cable manufacturers which had engaged in deceptive marketing practices under the Competition Act by failing to disclose to consumers that there were cash/cash coupons in the packaging of electric wire cable bundles. The commission's enquiry concluded that on account of this omission, purchasers of the product had......
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