SMITHKLINE BEECHAM PLC V. FARMEX LIMITED

RHODES-VIVOUR JCA (Delivering the Lead Judgement): This is an appeal from the judgement of Egbo Egbo J. delivered in the Federal High Court, Lagos Division on 6 January 2003. The appellant as plaintiff sued the respondent, as defendant on an amended statement of claim filed on 11 April 2000 claiming:

1. An injunction to restraining the defendant whether acting by themselves, their servants or agents or any of them or otherwise however from doing the following acts or any of them, that is to say:

(i) Infringing the plaintiff’s Registered Trade Mark, No. 12303 in class 3.

(ii) Manufacturing, selling or offering for sale or supplying any pharmaceutical product bearing the trademark, Milk of Magnesia

2. An order for obliteration upon oath of the trademark ‘Milk of Magnesia’ or any colourable imitation thereof appearing upon the label, package or advertisement of any pharmaceutical product made, sold or offered for sale by the defendant, the use of which, bearing the trademark Milk of Magnesia…