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…