Principle Archive

This court has, in several decisions, expressed its attitude to concurrent findings of fact by lower courts. There are so many decisions over several decades and…

Section 132(1) of the Evidence Act provides that when any contract has been reduced to the form of a document, no evidence may be given of…

In matters of guarantee, two situations may arise: the guarantor may undertake to discharge liability only if the principal debtor fails, or the guarantor may make…

Averments not specifically denied in the statement of defence are deemed admitted. Where such averments are not traversed, no evidence would be necessary. The court should…

The question is not whether a person looking at two trade marks side by side would see a possibility of confusion; the question is whether a…

In all legal proceedings relating to a registered trade mark, the fact that a person is registered as a proprietor of the trade mark shall be…

An infringement of a registered trade mark cannot be maintained unless the court finds that the defendant uses a mark identical with the registered trade mark…

The tendency of persons using the English language to slur the termination of words has the effect that the beginning of words is accentuated in comparison.…

An essential element of a device claimed to be a trade mark is that it identify the goods of a particular merchant and distinguish them from…

In deciding whether two marks are confusingly similar, the marks alone must be considered, divorced from associated features or get up and the like. Evidence is…

When a word is used to denote a product and the other features contained are not distinctive, they are merely decorative of the trade mark and…

It is elementary law that an appellate court such as the Supreme Court will hardly reverse a concurrent finding of facts.