Background
The plaintiff, owner of the registered trade mark IMTIAZ SUPER MARKET, said that after warnings published in newspapers the defendant changed its mark but kept the word IMTIAZ, and ran the website imtiazonline.pk selling the plaintiff’s goods in a way that suggested a connection with the plaintiff.
The plaintiff’s counsel relied on section 40(6) of the Trade Marks Ordinance, 2001, under which use of a registered mark as part of a domain name can infringe.
Questions before the court
- Whether to grant interim relief before the defendant was heard.
Decision
The court issued notice to the defendant for 17 October 2018 and, until then, restrained the defendant from using IMTIAZ as part of its domain name (including imtiazonline.pk or any other domain), from using IMTIAZ in email addresses under that domain, and from running a WhatsApp group presented as connected with the plaintiff’s business.
The court’s reasoning
- The order records the plaintiff’s submissions and grants interim relief until the defendant can respond. It gives no detailed reasoning and makes no final finding.
What this means in practice
Provisions and authorities
Laws and rules
- Trade Marks Ordinance, 2001: section 40(6)
Source
Read the judgment on the High Court of Sindh case law portal ↗
The published order sheet does not name the judge or the parties.
This summary is general information, not legal advice. It may not reflect later appeals or changes in the law. Read the full judgment and take advice on your own facts. Checked on 25 October 2026.
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