AREMU
V.
LILARAM THAWARDS

(1964) JELR 65709 (HC)    
High Court  ·  21 Apr 1964 ·  Ghana
 · 
Other Citations
[1964] GLR 253
CORAM
BOISON J.
Core Terms Beta
trade marks
trade mark
registration of his trade mark
use of the registered trade marks
exhibit a. exhibits b
registrar of trade marks
dozen of such pens
exclusive right
dozen pens
registration of trade mark
registration of a person
fountain pens
such person
trade marks ordinance11
plaintiff
cause of action
defendants’ case
preliminary issue
person
defendants
use of such trade mark
boison j.
above reasons
proprietor of a trade mark
sections
exclusive user of such trade mark
style of jimoh aremu
trade marks ordinance
opposition
store of the defendants
fountain pen
evidence
infringement of unregistered trade mark
machinery
such persons
application
date of advertisement
exhibit d.
court
respect
facts
registrar
persons
registrar of trade mark
goods
letters of administration
costs
provisions of section
expiration
respective rights

BOISON J.: The plaintiff, trading under the name and style of Jimoh Aremu and Brothers, sued the defendants for:

(1) an injunction to restrain the defendants, their agents and servants from infringing the plaintiff’s said trade marks and in particular from preventing them from selling to the public,

(2) An amount of £G6,000 damages being profits made on 20,000 dozen pens at six shillings profit per dozen.

The facts, which are not seriously in dispute, are that the plaintiff is a trader who deals in fountain pens. Since 1958 he has been ordering from Japan fountain pens with a “Stone” trade mark as per exhibit A. Exhibits B and C are some of his invoices for the pens for 1959 and 1962 respectively. The plaintiff applied for registration of his trade mark in June 1963 and it was published in October 1963 in the Commercial and Industrial Bulletin (No.4) at page 641, exhibit D. After the publication he found that the defendants were selling fountain pens of the same trade mark as that which…

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