MANNER

• Date: 06 February 2019

(1) "On the issue of the findings of the Courts below, learned counsel submitted that the decision of the Court of Appeal that 1st appellant’s registered trade mark is the word FERODO is not a finding of fact but a decision of law. Accordingly, there is no concurrent findings of fact by the two Courts as submitted by counsel for the respondent, learned counsel argued. He cited in GE Trade Mark (1973) R.P.C. 297 at 324 - 327 on the history of trade mark legislation in England. Making a distinction between infringement of trade mark and passing-off, learned counsel referred to Kerly’s Law of Trade Marks and Trade Names, 12th Edition, in paragraph 6-10. He urged the Court to allow the appeal. I take the preliminary objection. As the appellants do not contest the objection in respect of grounds 5, 7 and 8, (and I agree with counsel) I hold that the grounds are...