[2021]DLHC10753 • June 29, 2021 • High Court
KAPMAN AB vs. SIMATER COMPANY LTD
The plaintiff, Kapman AB, a Swedish private limited liability company affiliated with SNA Europe Industries AB, is the owner of well-known trademarks including Sandflex and Bahco with distinct trade dress for hand tools, especially hand saw and hacksaw blades. The plaintiff has registered these trademarks in Ghana and internationally. The plaintiff alleged that the defendant, Simater Company Ltd, imported and sold counterfeit blades resembling the plaintiff's products and later used a similar trade dress under the name 'Easycut', causing confusion among consumers and damaging the plaintiff's goodwill and reputation. The defendant denied the allegations, asserting differences in product make, color, and logos, and claimed ignorance of the plaintiff's registered trademarks.
read moreIntellectual property Rights – trade dress infringement - Enforcement The plaintiff is a private limited liability company registered under the laws of Sweden. Plaintiff says it is affiliated to SNA Europe Industries AB, globally acknowledged producer of hand tools, hand operated implements, especially hand saw and hack saw blades which have been in existence since 1969. Plaintiff goes on that it is the owner of well-known brands including Sandflex and Bahco with their distinct and unique trade dress or get-up for hand tools and hand operated implements especially hand saw and hacksaw blades. The plaintiff goes on that it has registered its Trademarks SANDFLEX [1 045 4027, FISH &HOOK device [1 55054] and BAHCO with FISH & HOOK device [1 045 402) in Ghana on 5th January 2005 under Class 8 and internationally under classes 6, 7, 8 and 9. It is the plaintiff's case that it has sold hand operated implements, especially handsaws and hacksaw blades bearing its trade mark and get-up in Gh.....