MISSINI & ORS. V. BALOGUN & ANOR.

• Pages: 239-245

MISSINI & ORS. V. BALOGUN & ANOR.

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239

the use of the word "CASORINA" is not likely to cause confusion in the minds of

the public which use the two babies medicine. We feel that the apprehensions of

the appellants are well founded and in our view if the proposed Trade Mark "CA-

SORINA" be registered, the syllable ''CAS" will no doubt form the essential part of

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the name of the medicine and is likel y to cause confusion in the minds of the pub-

lic.

In this particular case, the end of the word "CASORINA" namely "RINA" in itself

is not free from causing confusion with "RIA" in "CASTORIA." As all the cases

show, the court must consider the person with imperfect recollection, the incau-

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tious and the illiterate as well as those who may place an order by telephone. All

these conditions, the appellants' counsel has satisfied us that it would be wrong

to allow the applicant to register this Trade Mark.

The appeal therefore succeeds and we hereby set aside the judgment and order

made in the court below. It is hereby ordered that the registrar of TRADE MARK

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shall not register the TRADE MARK "CASORINA" and this will be the judgment of

the court. There will be costs of this appeal assessed at 40 guineas, and costs in

the court below assessed at 12 guineas.

Appeal allowed.

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MISSINI & ORS. V. BALOGUN & ANOR.

25

1.

CESARE MISSINI

2.

SERGIO GERINO

3.

PRESSED METAL WORKS CO. LTD.

4.

CARLA GERINO

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APPLICANTS

30 5. CITY CONSTRUCTION CO. LTD.

6.

GIORGIO GERINO

7.

EDWARD AJALA KING

V

1.

MICHAEL OLASUBOMI BALOGUN

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(As Receiver/Manager of

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RESPONDENTS

Nigeria Marble Industry Ltd.)

2.

COMPAGNIE FINANCIERE

FRANCE-AFRIQUE

SUIT NO. SC 123/1968

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SUPREME COURT OF NIGERIA

ADEMOLA,

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C.J.N.

LEWIS,

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J.S.C.

MADARIKAN,

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J.S.C.

7th November, 1968.

45

Practice and Procedure - Motion to restrain disposal of assets of company pending

appeal - Appeal filed in Supreme Court but not entered - Whether application

could be heard - Federal Supreme Court Rules, Order VII Rule 37 - Order

VII rule 12(2) - Principles upon which Courts act in granting interlocutory

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injunctions - Interlocutory Injunctions not granted as of course - Court has to

balance between two parties event of inconvenience likely to be incurred.