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ALBAN PHARMACY LIMITED v. STERLING PRODUCTS INTERNATIONAL INC

(1966) JELR 91718 (SC)

Supreme Court  •  SC. 459/1966  •  1 Nov 1966  •  Nigeria

Coram
ADEMOLA, CHIEF JUSTICE, NIGERIA. LEWIS, JUSTICE, SUPREME COURT. MADARIKAN, JUSTICE, SUPREME COURT

Judgement

ADEMOLA,C.J.N. (Delivering the Judgment of the Court)

This is an appeal from the judgment of Adefarasin J. delivered in the High Court of Lagos on 15th September, 1965.

The appellants, a firm known as Sterling Products International Incorporated operating in Nigeria with its parent company in Broadway, New York, are the proprietors of the Trade Mark “Castoria” which is registered in Nigeria. The registration was made on 26th November, 1958 for a period of fourteen years. A sample of the product was put in evidence and marked exhibit 3. It appears that the product, a medical product in class 3, is a special laxative for children and growing children and the mark on the bottle is a tiny picture of five children with the words “Fletcher’s Castoria”.

The appellants base their objection to registration by the respondents of a pro-posed Trade Mark “Casorina” on the ground that this Trade Mark is so similar to their registered Trade Mark “Castoria” as to be calculated to deceive and that the ap…

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