NUTRIFOOD GHANA LTD V. TWELLIUM INDUSTRIES LTD

JUDGMENT

KWASI ADJENIM-BOATENG, J

As a preliminary comment, I would like to commend the learned counsel for parties for their industry by their written addresses to the court which significantly and tremendously impacted on the judgment of the Court. The Court is grateful to the learned counsel.

A.  INTRODUCTION

1. It is respectfully and respectively stated in sections 1 and 2 of the Protection Against Unfair Competition Act, 2000 (Act 589) as follows:

1. Causing confusion with respect to another's enterprise or its activities

(1)   An act or a practice, in the course of industrial or commercial activities, that causes, or is likely to cause, confusion with respect to another person's enterprise or its activities, in particular, the products or services offered by that enterprise, constitutes an act of unfair competition.

(2) Confusion may, in particular, be caused with respect to

(a)   a trademark, whether registered or not,

(b)   a trade name.

(c)   a business identifier other than a trade…