The Competition Commission of Pakistan (CCP) has passed an order deciding the matter of the deceptive marketing practices by PakWheels (Pvt.) Limited that has allegedly been involved in fraudulently using the trademark of OLX Classified Pakistan (OLX).
The CCP’s bench comprising Shaista Bano and Bushra Naz Malik passed the order after hearing both the parties, and in view of the absence of reliable evidence, set aside the enquiry reports and disposed of the show cause notices against PakWheels.
OLX had complained to the CCP that PakWheels had been copying advertisements, listings, and photographs bearing its watermarked logo and posting on their website without authorization.
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The complaint stated that by doing so, PakWheels was allegedly gaining commercial benefits from the reputation, goodwill, and customer base of OLX by falsely implying and promoting its services and business to be the same or connected to or authorized by OLX,
OLX alleged that the unauthorized use of its trademark by PakWheels was in violation of Section 10 of the Competition Act, 2010.
Initially, the CCP’s enquiry had found that PakWheels was, prima facie, fraudulently using the registered trademark and logo of OLX along with photographs and description without OLX’s authorization or consent.
Consequently, PakWheels was found, prima facie, to have engaged in distributing false and misleading information about the properties and place of production to the consumers in violation of Section 10.
On the enquiry’s recommendations, a show-cause notice was issued to PakWheels, and hearings were held in this regard.
PakWheels denied the allegations and stated that the online platforms posting classified advertisements usually allow relative freedom and anonymity to the users to post their advertisements on even more than one website.
Pleading its innocence in the matter, PakWheels further stated that possibly, due to lack of knowledge or awareness of the relevant laws, the users/third parties might have inadvertently posted the OLX watermarked photos on its website.
Moreover, the old online content that PLX had relied on to use as evidence would be difficult to judge as either true or false because a listing or advertisement is generally removed from the website once the transaction is complete.
Therefore, as per the contentions, the veracity of the evidence provided by the complainant could not be verified.
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Taking into consideration and analyzing the arguments from both sides, the CCP’s bench constituted a Technical Committee to ascertain the facts pertaining to the matter and to give an expert opinion vis-à-vis the technical nature of the evidence available on record.
After visiting the PakWheel’s premises and conducting various technical tests at its systems, the Technical Committee concluded that PakWheels had not been involved in copying or reproducing advertisements or listings that had originally been posted on OLX’s website.
In view of the finding of the Technical Report and in the absence of reliable evidence, the CCP set aside the enquiry report and disposed of the show-cause notices against PakWheels.
OLX pe jaise hi ad lagao aapko din mai 10 10 msgs ana shuru hojaate hain random ads k… OLX sells our Mobile Numbers and data, they should be ashamed of themselves.
Im not sure if Pakwheels does the same