INTERWORLD PRODUCTS (GH) LTD. vs. LAVA LIMITED

TWUMASI, JA The central issue in this appeal as indeed it was rightly found by the learned trial judge, is whether the respondent [defendant at the court below] is passing off its electric fans as those of the appellant, plaintiff in the said court, by similarity of the get-up of the disputed fans. The plaintiff’s case was that it had for a considerable length of time been selling a type of electric fan with the name “Binatone” but that quite recently the respondent has been dealing in a fan named “MIKACHI” but the get-up is similar to the appellant’s fan. The latter contends that this conduct on the part of the former is injurious to its trade or business and the appellant claims damages for the fort of passing off its fans. At page 659 of the 12th Edition of Salmond On Torts, the learned author says: “This gist of the conception of passing off is that the goods are in effect telling a falsehood about themselves, are saying something about themselves which is cal...