JUDGEMENT OF THE COURT
The brief background to this dispute is that between 2004 and November 2006, the 1st appellant and the 1st respondent were partners in a business entity that started as High Flyer Services, and was later registered as a company known as High Flyer Services Limited where they engaged in the business of publishing books in a series known as Comprehensive Topical. There is no dispute that on parting, each continued in the same publishing business but separately.
The 1st appellant’s case is that on 2nd November 2006, he registered trademark No. 60247, in Part A of the register of trademarks, Class 16 (Publishing and Printing). The trademark comprised an image of a flying eagle holding three books by its talons and with the phrase High Flyer Series next to it (trademark). Thereafter the 1st appellant used his company the 2nd appellant in publishing, promoting, selling, supplying, and distributing books under the trademark. Further, in 2007 the 1st appellant introduced …