MUSDAPHER, JSC (Delivering the Leading Judgment): The appellants herein were the plaintiffs in the Federal High Court and the appellants at the Court of Appeal, Lagos. The claim in the Federal High Court was against the respondent herein (as the defendant) and was in the following terms:
"An injunction to restrain the defendant whether acting by itself, its servants or agents or any of them, or otherwise howsoever from doing the following acts or any of them that is to say -
(i) Infringing the 1st plaintiff's registered trade mark No. 38604.
(ii) Passing off or causing or enabling or assisting others to pass off the defendant's UNION brake linings as and for the plaintiffs' FERODO brake linings.
(iii) Selling or offering for sale or supplying brake linings or brake pads with labels or in packages having the distinctive red, black and white package design or get up of the plaintiffs' FERODO brake linings' package design or get up or so closely resembling it as to be calculated to lead…