SANUSI. J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of Honourable Justice Roseline Ukeje of the Federal High Court Lagos in suit No. F.H.C./L/CS/1046/95 delivered on 25/6/96. The substantive suit before the lower court pertains to an alleged infringement of the Respondent’s Trade Mark by the Appellant. The Respondent complained that the Appellant is the company for whom a drug known as Contrimoxazol Tablets BP” tagged “STAR-DS” is manufactured by a company based in Bombay, India which said drug entered Nigerian market thereby passing off the Respondent’s product known as STAN-DS. The suit commenced on 7th September, 1995. The Plaintiffs/Respondents filed their statement of claim dated 23rd November, 1996, particularising their claims. Having been served with the statement of claim, the Defendant/Appellant filed its statement of Defence and counter-claim dated 29th February, 1996. In response to that, the Plaintiffs/Respondents also on 20th May, 199…