Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



KAPMAN AB
V.
SIMATER COMPANY LTD

(2021) JELR 109050 (HC)    
High Court  ·  CM/IPR/0522/18 ·  29 Jun 2021 ·  Ghana
CORAM
JUSTICE JEROME NOBLE-NKRUMAH

Ratio Decidendi

Core Terms Beta
plaintiff
defendant
blades
hacksaw blades
product
defendants blades
plaintiff's case
trade mark
bahco blades
defendants actions amounts
exhibit m
exhibit n
features of the plaintiffs blades
good will
lower quality
plaintiff's blades
said differences
unfair competition
unfair competition act
a. no
attractive force
calculated manner
commercial activities
counterfeit blades
defendant's case
exhibits l1
glossy orange colour
handsaw blades
local artisans
name easycut
order of perpetual injunction
ounterfeit blades
plaintiffs allegations
plaintiff's exhibits f
producer of hand tools
stenciled outline of a hacksaw frame
such counterfeit blades
such matters
unique trade dress
up of the plaintiff
witness statement

JUDGEMENT

NOBLE-NKRUMAH J.

The plaintiff is a private  limited liability company registered under the laws of Sweden. Plaintiff says it is  affiliated to SNA Europe Industries AB, globally acknowledged producer of hand tools,  hand operated implements, especially hand saw and hack saw blades which have been  in existence since 1969. Plaintiff goes on that it is the owner of well-known brands  including Sandflex and Bahco with their distinct and unique trade dress or get-up for  hand tools and hand operated implements especially hand saw and hacksaw blades.  

The plaintiff goes on that it has registered its Trademarks SANDFLEX [1 045 4027, FISH  and HOOK device [1 55054] and BAHCO with FISH and HOOK device [1 045 402) in Ghana  on 5th January 2005 under Class 8 and internationally under classes 6, 7, 8 and 9. It is the  plaintiff's case that it has sold hand operated implements, especially handsaws and  hacksaw blades bearing its trade mark and get-up in Ghana and around the world for  t…

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