Alli Company (Pvt) Ltd. vs. Salam – sllr 2015 volume 1 page 206

In the case between ALLI COMPANY (PVT) LTD. and SALAM, the court addressed whether the defence of honest concurrent user could be invoked under Section 160 of the Intellectual Property Act No. 36 of 2003 in circumstances of alleged passing off and unfair competition concerning similar trademarks (“Alli” and “Apli”) used for beedi and cigars over a period of more than 22 years. It was determined that, despite the Act lacking express provision for concurrent user, the court could apply principles derived from English law to fill statutory gaps. The appellate court dismissed the appeal, reaffirming that the defence of honest concurrent user remains available where statutory silence exists, thereby upholding the High Court’s decision and maintaining the long-established coexistence of the comp