IMPERIAL TOBACCO COMPANY LTD Vs. ALBERT BONNAN

JUDGEMENT

(1.) This is an appeal from the judgment of my learned brother Mr. Justice Pearson which was delivered on the 18 of July 1922, whereby he dismissed the plaintiff's suit.

(2.) This suit was brought for a declaration that the plaintiff company was the sole owner in India, Burma and Aden of a certain brand, trade mark, trade name, covering, wrapper or label and the name W.D. and H.O. Wills, and that the plaintiff company was solely entitled within the said limits to the exclusive right of user thereof and that it was solely entitled to import into and sell in India, Burma and Aden tobacco and cigarettes bearing, or contained in tins, boxes, packets, coverings, wrappers or labels or other receptacles bearing the said brand, trade mark, trade name, covering, wrapper or label or the said name. The plaintiffs company also asked for an injunction and damages against the defendants.

(3.) The trade mark, brand and names are described in paragraph 6 of the plaint, and a specimen of the wrapper or covering used by the plaintiff company is Exhibit A which is to be found at page 243-A of the paper-book. A specimen of the wrapper or covering on the cigarettes imported by the defendant is to be found at page 245-A of the paper-book and is marked Exhibit C.