GOTTSCHALCK & CO. LTD. V. SPRUCE ..MANUFACTURING CO. LTD.

• Pages: 6-8

6

NIGERIAN SUPREME COURT CASES

[1956] N.S.C.C.

GOTTSCHALCK & CO. LTD. V. SPRUCE

MANUFACTURING CO. LTD

5

G. GOTTSCHALCK & CO. LTD

APPELLANTS

V

10

SPRUCE MANUFACTURING CO. LTD

RESPONDENTS

SUIT NO. WACA 174/1955

FEDERAL SUPREME COURT

FOSTER SUTTON, F.C.J.

JIBOWU,

F.J.

ABBOTT,

Ag. F.J.

10th March, 1956.

Commercial Law- Registered Trade mark is an infringement, mark calculated to

deceive purchaser.

ISSUE:

1. Whether a Registered Trade Mark which is similar to another can be considered

as an infringement which is calculated to deceive the purchaser.

FACTS:

This is an appeal from an action in the Supreme Court in which the appellants

were the plaintiffs. The appellants are the registered proprietors of a trade mark

which they have applied for years to textile piece goods manufactured for sale in

Nigeria. The principal feature of this trade mark is a hand. The respondents also

manufacture piece goods for sale in Nigeria, and the trade mark applied to their

piece goods also has a hand as the principal feature.

In each case the Trade Marks have other features which are different.

The appellants sought by this action an injunction to restrain the respondents

from continuing to infringe their Trade Marks and claimed damages. The Trial

Judge dismissed the action as he held that the difference between the two marks

was clearly apparent.

HELD:

The distinctive and characteristic feature of both marks was the hand, and the

respondent's adoption of this symbol as the principal feature of their marks, was

calculated to mislead purchasers in this country. The Appeal was allowed and an

injunction granted.

CASES REFERRED TO IN JUDGMENT.

1.

United Kingdom Tobacco Co., Ltd v Carreras Limited,

16 N.L.R.

2.

Mac

Iver & Co. Ltd. v Compagnie Francaise De L'Afrique Occidentale

3

N.L.R. 18

3.

G.B.011ivant

Co.Ltd. v John Christian

6 N.L.R. 102.

4.

Distilleerdery En Alcoholfabriek &

Co. v

Netherlands Distilleries,

8 N.L.R. 48.

R.J. Burrell

for Appellants.

0. Moore

for Respondents.

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