PARLEYS GHANA LTD vs. PARLE PRODUCTS PRIVATE LTD & 2 ORS

JUDGMENT OFOE,J.A: I do not intent to spill much ink in this judgment which outcome to me is obvious on a cursory reading of the record of appeal. The parties herein are in the production and marketing of Biscuits. The contest between them is in relation to the use of the trade mark Parley. The plaintiff’s Parley is spelt P.A.R.L.E.Y.S whilst that of the 1st and 2nd defendants is spelt P.A.R.L.E. The plaintiff believes that the entry into the Ghanaian market of the defendant’s biscuits with the mark PARLE is destroying its market. It therefore sued the defendants claiming: “An injunction to restrain the 1st and 2nd defendants whether acting by themselves, agents, servants or otherwise from doing any of the following acts, that is to say: i. Infringing the trademark rights of the plaintiff by using the “Parle” trade mark on its products ii. Passing off biscuits, not being biscuits of the plaintiff, as and for same, whether by the use of the mark ‘Parle” or any other c...