ELECKTROTECHNISCHE FABRIK SCHMIDT AND CO.
V.
BATERIA SLANY NARODNI PODNIC

(1972) JELR 45188 (SC)    
Supreme Court  ·  SC.241/69 ·  3 Mar 1972 ·  Nigeria
 · 
Other Citations
(1972) All N.L.R143 (1972) 3 S.C. 11
CORAM
GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria UDO UDOMA Justice of The Supreme Court of Nigeria GEORGE BAPTIST AYODOLA COKER Justice of The Supreme Court of Nigeria
Core Terms Beta
respondents
trade mark
appellants
learned trial judge
application
order
use
statement of claim
high court
register of trade marks
registration of the trade mark
further use of the exhibit
goods of the defendants
incandescent lamps
mr garrick
only question
present form
reason of such identity
respect of galvanic monocells
sufficient cause of the name of any person
trade mark no.
trade marks
behalf of the appellants
cause of action
claim repeats
competing claims
concluding paragraphs
cross-appeal
daimon-werke gmba
due course
false claim
following orders
following points
g. b. a. coker
leading judgment
only defence
order of court
part of the appellants
registered proprietors of the trade mark
registered proprietors of trade mark no.
registration of their trade mark
reserved judgment
respect of electric dry elements
rule of law
said respondents
statement of defence
subject-matter of the proceedings
support of the appellants

G. B. A. COKER, J.S.C. (Delivering the Leading judgment): This appeal is sequel to an application by the appellants, Elektrotechnische Fabrik Schmidt and Co. otherwise Daimon-Werke GMBA to the High Court, Lagos, for "an order that trade mark No. 9636 be expunged from the register of trade marks". The application was directed against the respondents, Bateria Slamy Narodni Podnic. At the date of the motion the said respondents were, as they still are, the registered proprietors of trade mark No. 9636. The application is supported by an affidavit filed on behalf of the appellants stating, inter alia, that although both the appellants and the respondents were companies originally founded and owned by the same person, yet after World War II the respondents' company, which was based in Switzerland, was nationalised by the government of that country;

that the appellants were the registered proprietors of the trade mark "DAIMAN and DEVICE" which was registered as No. 4578 in the register of …

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