HERBERT WHITWORTH LTD Vs. JAMNADAS NEMCHAND MEHTA

JUDGEMENT

(1.) This is a passing-off case brought in the Aden Court. The trial Judge thought that the defendant's goods would not deceive the public into thinking they were the goods of the plaintiffs, and he dismissed the suit. The learned Resident on appeal has taken the opposite view, and referred the matter to us under the Aden Act.

(2.) We are not dealing here with a case of registered trade marks. What the plaintiff alleges in paragraph 3 of his amended plaint is that the plaintiff company has for a number of years imported and sold in Aden white shirtings which are designated to the public by a ticket bearing a mark being a Somali on horseback; that the goods are known in Aden, Somali Coast, and tied Sea Port markets as Abu Kheyl, and that a sample of the said White Shirtings and mark is hereto anuexed and marked A. And white shirtings which are designated to the public by a ticket bearing a mark being a Somali girl. The goods are known in Aden, Somali Coast, and Red Sea Port markets as Abu Sherifa . A sample of the said white shirtings and mark is hereto annexed and marked C .

(3.) Then paragraph 4 runs : The aforesaid marks are well known to the public and to the trade as designating the goods of the plaintiff company. The plaintiff company in the owner of the said marks.