Ref:M&Z/AZ/_________

Monday, September 01, 2003

By Registered AD/Courier
Unilever Pakistan Limited,
Shahpur Interchange, 14-Kilometers
Multan Road, Lahore
Through its Chief Executive.
LEGAL NOTICE
Dear Sirs,
On behalf of our client Mr. Sohaib Ahmad Attaullah, proprietor Chill Out Home made
Ice Cream resident of Ground Floor, RB-4, Awami Complex, New Garden Town, Lahore
(the Client) who operates ice cream parlors and is known to provide the most delicious
ice cream in the city and well known for its strict adherence to the food laws of the
country, we address you as follows:
1.

That, as you are well aware, our aforesaid client (which expression shall include
its predecessors-in-title) carries on, either itself and/or through its affiliates,
licensees, a nationwide and reputable business from Lahore and is a leading and
well-known for its most professional services in the business of selling ice cream
throughout the city under the trademark Chill Out home made ice cream.

2.

That as you are well aware, our client is the bona fide proprietor and user of
trademark, Chill Out home made ice cream, which has been adopted by it
and/or its predecessors, since 1998. Today our clients goods, business and
services under the denomination Chill Out home made ice cream are well
known and it enjoys tremendous reputation as a top of the line ice cream parlor
business of the country.

3.

That Chill Out home made ice cream is amongst the best and one of the most
widely known and heavily respected ice cream parlor of the city/country and our
client actively markets its goods as well as conducts business and sponsors
seminars and other related events around the country under the banner of Chill
Out home made ice cream.

4.

That the ice cream under the trademark Chill Out home made ice cream is of
the highest standards in terms of quality and content, thus the customers receive
the best quality ice cream which they deserve to buy. As a consequence, the
trademark Chill Out home made ice cream commands a valuable reputation
and expectancy of the very best quality of ice cream by the customers, who

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identify the trademark Chill Out home made ice cream of our client as a
symbol of exceptional quality goods. Similarly, the business conducted by our
client is considered as an organized and reliable business. In fact the trademark
Chill Out home made ice cream has become synonymous with the superior
quality ice cream and a reliable name in the ice cream business and is considered
by the trade and public in Pakistan, and elsewhere, as one of the famous and
reliable trademarks.
5.

That in order to protect its interests and rights in its trademark Chill Out home
made ice cream in Pakistan, our client has applied for registration the trademark
Chill Out home made ice cream under the Trade Marks Act, 1940.

6.

Our Client has become aware that you have adopted the word Chill Out as a
trademark which, apart from being a trademark of our client is also used by it
from last many years nationwide and is also our clients website/internet address
and the email address of all of our clients employees as stated above. Your
imitated trademark Chill Out is identical to and/or confusingly similar to the
renowned trademark, of our client, which they are using extensively around the
country.

7.

That you are using the imitated trademark Chill Out and selling your product
under the similar name in the out lets of KFC which is damaging the repute of our
Clients business as well as confusing the customers.

8.

We have advised our client that your aforesaid acts violate our clients rights and
privileges as available in Pakistan, for which it is entitled to take legal action
against you. As our client cannot allow you to use the trademark, trade name,
website/internet name and email addresses using our clients trademark Chill Out
in any manner it has asked us to write to you in order to give you an opportunity
to voluntarily discontinue any use of your imitated trademark. Our client
therefore, demands that you:i)

forthwith cease and desist from using the imitated trademark as well as
cease and desist from using the denomination Chill Out either alone or in
conjunction with any other word, feature or device in relation to any
businesses and services offered or provided by our client.

In view of the above you are requested to desist from using the words Chill Out either
alone or in conjunction with any other word, feature or device in relation to any
businesses and services offered or provided by our client failing which we have
instructions to seek legal remedies including compensation of Rs.___ Million to our
Client, in case of failure our Clients will be forced to take you to the court of law.
A copy of this legal notice has been retained in this office for our record and future
reference.

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THIS IS WITHOUT PREJUDICE TO ANY CLAIMS, RIGHTS AND REMEDIES

WHICH ARE LAWFULLY AVAILABLE TO OUR CLIENT IN A COURT OF LAW.
Yours faithfully,
Mandviwalla & Zafar

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