MOHAMMED, J.C.A. (Delivering the Leading Judgment): In a claim concerning infringement of a trade mark, the learned Chief Judge of the Federal High Court entered judgment in favour of Beecham Group Limited, against Essdee Food Products Nigeria Limited, the appellants, in this appeal. The Respondents are the registered proprietors of a Trade Mark "LUCOZADE" No. 5452, Schedule (3), of Trade Marks Act, 1965 which are chemical substances used for medicine and pharmacy. They are also the proprietors of the trade mark "LUCOZADE" No. 5456, Schedule (3), of the same Act in respect of the substance used also as food or as ingredients in food.
Evidence was given before the trial court that the appellants had put in the market and offered for sale and sold a non-alcoholic beverage under a trade mark, called "GLUCOS-AID". The respondents testified before the learned Chief Judge and asserted that the appellants have committed an infringement of their registered trade mark "LUCOZADE" by the use of …