~ ~ ~ ~ ~ ~ ~ ~ ~ After hearing the learned counsel for the plaintiff and defendant for quite some time, it has come out that registration of the very same trademark claimed in the suit for which passing off action was initiated, has been obtained by “M/s.East West Incorporated”. 2. The suit was one for perpetual injunction against passing off. When either the plaintiff or the defendant has no such trademark and the trademark authority has granted trademark in favour of a third party, which has been produced by the defendant before this Court, the appeal against dismissal of the suit has become mere academic.
RFA.169/2009 : 2 :
No purpose will be served in proceeding with the appeal.
In the result, this appeal is dismissed. No order as to costs.
Sd/-
(B.KEMAL PASHA, JUDGE) aks/05/06 // True Copy // PA to Judge