The Competition Appellate Tribunal (CAT) has dismissed the appeal filed by Neucon Pakistan, affirming the decision of the Competition Commission of Pakistan (CCP) regarding the fraudulent use of trademark, labelling and packaging.
The CCP issued a show cause notice to Neucon Pakistan after receiving a formal complaint from Ferozsons Laboratories Limited, the authorised distributor of Biofreeze Gel and Spray in Pakistan, a product originally developed by USA-based Performance Health Inc.
Ferozsons alleged that Neucon was marketing a deceptively similar product under the name ‘BYQFREEZ,’ mimicking the trademark, packaging, and labelling of Biofreeze.
Following a comprehensive inquiry, the CCP confirmed that Performance Health Inc. is the rightful owner of the Biofreeze trademark and that Ferozsons was the only registered distributor in Pakistan. As Neucon lacked the authorization to use the Biofreeze trademark, the CCP imposed a penalty of PKR 2.5 million on Neucon Pakistan for violation of the Competition Act, of 2010.
Neucon subsequently challenged the CCP’s order in an appeal before the CAT. However, the Tribunal dismissed the appeal on 21st May 2024.
