GALADIMA, J.C.A. (Delivering the Leading Ruling): In suit No. FHC/L/CS/180/2000, the respondents, who were the plaintiffs herein instituted an action against the appellant as defendant before the Federal High Court, Lagos, claiming inter-alia as follows:-
"i. A declaration that the use of the words "LA VOLTIC" by the defendant, constitutes an infringement of the plaintiffs' registered trademark "VOLVIC" No. 39259 in class 32.
ii. A declaration that the adoption of the words "LA VOLTIC" by the defendant for the sale of their table water amounts to passing off of the same as and for the plaintiffs natural mineral water, sold under trademark "VOLVIC".
iii. An order of perpetual injunction restraining the defendant, its servants, agents, directors or privies and, or any of them or otherwise howsoever, from doing the following acts or any of them, that is to say;
(a) Infringing the 2nd plaintiff registered trademark "VOLVIC" No. 39259 in class 32.
(b) Passing off, attempting to pass off, …