KAPMAN AB
V.
SIMATER COMPANY LTD

(2021) JELR 109050 (HC)

High Court 29 Jun 2021 Ghana
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- The plaintiff is a Swedish company that produces hand tools and hand operated implements, including hand saw and hack saw blades. - The plaintiff owns well-known brands, including Sandflex and Bahco, and has registered trademarks for thes

Case Details

Suit Number:CM/IPR/0522/18
Judges:JUSTICE JEROME NOBLE-NKRUMAH
Counsel:PAULINA AKOSUA DANSO WITH GILBERT ROCKSON HOLDING THE BRIEF OF ABENA NTRAKWA MENSAH FOR THE PLAINTIFF - PRESENT CANDY FRIMPONG BAIDOO FOR THE DEFENDANT - PRESENT

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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