Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



ERIC AMANKWAH
V.
AHOMKA BEVERAGES LIMITED

(2019) JELR 65510 (HC)    
High Court  ·  SUIT NO. OCC/96/2019 ·  16 May 2019 ·  Ghana
CORAM
HIS LORDSHIP JUSTICE DR. RICHMOND OSEI-HWERE

Ratio Decidendi

Core Terms Beta
statements of case
order of interlocutory injunction
honourable court
plaintiff’s brand name
drug authority
statement of case
grant of an interlocutory injunction
officials of the food
lord oliver
laws of ghana
applicant’s case
following act
respect of an application
behalf of the plaintiff
appearance of its product
prove of goodwill
statement of claim
protection of rights
anton pillar injunction order
applicant
grant of interlocutory injunctions
plethora of authorities
reckitt case
common law principle
εbetu spirit drink
such terms
lord diplock
unregistered trademark
further order
legal principles
lord greene mr
respondent
particular goods
high court
unregulated discretion
law of ghana
cause of trade
affidavit evidence
irreparable damage
supreme court
products
goodwill
said letter
prof. stephen offei
channels of trade
status quo

OSEI-HWERE, J.

This ruling is in respect of an application filed on behalf of the Plaintiff (hereinafter called the Applicant) praying the Honourable Court for an order of interlocutory injunction restraining the Defendant (hereinafter called the Respondent) whether acting by himself, servants, agents, assigns or whosoever claiming through and from it from doing any or all of the following act(s) that is:

‘a. using the Plaintiff’s brand name, Charlie Ginger Liqueur εbetu Spirit Drink or his logo, symbols and/or brand identified that are similar to those of the Plaintiff particularly Charles Ginger Liqueur Wobetu Spirit Drink or εbetu Spirit Drink;

b. producing, stocking, distributing, branding or selling any beverage (alcoholic or otherwise) by name Charles Ginger Liqueur Wobetu Spirit Drink’ or any other brand or name that is the same as, confusingly similar to and passes off as Charlie Ginger Liqueur εbetu Spirit Drink, or εbetu Spirit Drink;

c. doing anything that passes off or possibl…

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