Company Issued Show Cause Notice for Trademark Violation

The Competition Commission of Pakistan (CCP) has issued a Show Cause Notice to S.M. Food Makers Limited for deceptively copying the trademark/trade dress of various products of Hilal Foods, thus prima facie violating of Section 10 of the Competition Act.

Hilal Foods sent a formal complaint that S.M. Food Makers was fraudulently copying the packaging of its famous confectionary items.

The inquiry report concluded that S.M. Food Makers was fraudulently using the trademarks/trade dress of Hilal Foods’ products including Fresh Up, Cup Kake, Froot up, Bake Time, Chocolate Chip Kake, Khopra Candy, Pan Pasand, and Choran Chatni, etc. thus potentially harming its business interest besides misleading the consumers.

On recommendations of the inquiry report, a show-cause notice has been served on S.M. Food Makers and the company has been directed to respond in writing within fourteen days and to appear before the Commission (via video conferencing due to COVID-19 health advisory).

The CCP is mandated under the Competition Act to ensure free competition in all spheres of commercial and economic activity, to enhance economic efficiency and to protect consumers from anti-competitive practices, including deceptive marketing practices.