[1971]DLHC2079 • March 18, 1971 • High Court
APPENTENG MENSAH & CO. LTD. vs. ALPRO INDUSTRIAL PRODUCTS LTD.
The applicants, exclusive agents and distributors in Ghana for Henri Dorot of London, manufacturers of a skin lightening cream under the trade name 'Dorot', registered the trademark 'Dorot' in Ghana in 1966. The respondents imported skin lightening cream from Amarnani Ltd. in England, filling it into empty tubes bearing the name 'Dorin' in Ghana, and registered 'Dorin' as a trademark in 1969. The applicants alleged that 'Dorin' closely resembled 'Dorot', causing public confusion and deception, and that the respondents registered 'Dorin' without sufficient cause, being aware of the applicants' prior registration.
read moreThis is an application by originating motion praying for an order that the register of trade marks be rectified by the removal and expunging therefrom of trade mark No. 16180 registered without sufficient cause in the name of the respondents and for such other order or orders as the court may deem fit. The applicants are the exclusive agents, distributors and representatives in Ghana of Messrs. Henri Dorot of Clapham Road, London, England, who are manufacturers of a skin lightening cream under the trade name of Dorot, sold in the United Kingdom and also exported for sale and distribution in Ghana. This name has for many years been registered as a trade mark in the United Kingdom under the trade mark registration No. B.893306. When the applicants secured the exclusive agency in Ghana as the representatives and distributors of the United Kingdom company, they applied for the registration in Ghana of the trade mark Dorot in respect of the skin lightening cream distributed by them. This...