The Supreme Court on Friday allowed the management, manufacturing summer drink, Rooh-e-Samar, to sell its product until July 11. A two member bench of the apex court, comprising Justice Umar Ata Bandyal and Justice Maqbool Baqir heard the petition of popular beverage in the country, Rooh Afza, filed against another company manufacturing Rooh-e-Samar.
In its petition, the popular beverage in the country, Rooh Afza, had contended that it has been producing the famous brand of summer drink Rooh Afza which is quite popular since long hence; the new company cannot use their trade mark by producing Rooh-e-Samar. It pleaded before the court that the new company should exclude the word Rooh from its name Rooh-e-Samar.
The company, manufacturing Rooh-e-Samar, however, claimed that their product isvery different; therefore, the consumers don’t mix up both. In pursuance of the court’s last order, the management of both the manufacturers presented their samples before the court. Justice Umar Ata Bandyal asked a senior advocate Munir Paracha, who was present in the court, that can he differentiate between the two brands.
He said the colour of both the syrups –Rooh Afza and Rooh-e-Samar– look almost the same. At this, the judge said if the senior counsel doesn’t find much difference then ordinary citizens would get confuse.
Appearing on notice, Abdul Rauf Rohaila, counsel for Rooh-e-Samar, submitted before the court that the sale of Rooh Afza in 2015 was around Rs4 billion while his client (Rooh-e-Samar) brand made business of Rs700 millions. He said that they (Rooh Afza) are far ahead of them, so how can they compete to them.
He pleaded the court that they have produced stock for Ramazan; therefore, allow them to sell it. The court accepted their request and permitted sale of Rooh-e-Samar till July 11 and adjourned further hearing till July 12.