Alli Company (Pvt) Ltd. vs Mohamad Noohu Abdul Salam – SC CHC 47/2008-2015

In the case between Alli Company (Pvt) Ltd. (Plaintiff-Appellant) and Mohamad Noohu Abdul Salam (Defendant-Respondent), the court addressed whether claims under Sections 121 and 160 of the Intellectual Property Act regarding trademark infringement and unfair competition were sustainable. It was held that the plaintiff’s claim failed under Section 121 due to lack of trademark registration for the covers and ring labels, and that the defense of “honest concurrent user” applied to the circumstances. The legal reasoning reaffirmed the principle that unregistered marks may not support a trademark claim under Section 121, and emphasized the relevance of English law principles regarding concurrent use. The decision underscored that the presence of honest concurrent users may defeat an allegation