SERVICE MERCHANDISE LIMITED V. DANIEL OWUSU-ANSAH

JUDGMENT 

Dr. POKU ADUSEI, JA

This is an appeal against a judgment of the High Court (Commercial  Division) Kumasi in which the trial Judge dismissed the claims of the  plaintiff/appellant (hereinafter referred to as the plaintiff) for trademark infringement and partly upheld the counterclaim of the  defendant/respondent (hereinafter referred to as the defendant). 

By the endorsement on the further amended Writ of Summons, the plaintiff  sought the following reliefs: 

(i) A declaration that the defendant has infringed on the  trademark of the plaintiff’s registered trademark in the register of  trademarks of the Registrar General’s Department, Ghana under No.  33310 in respect of Crompton Greaves in Class 9. 

(ii) General and Special Damages against the defendant  for the infringement of plaintiff’s trademark. 

(iii) An order of perpetual injunction restraining the  defendant, whether by himself, his directors, agents, assigns, workers,  servants or anybody claiming title through him from d…