Malayan Tobacco Distributor Ltd. – Appellant
Versus
United Kingdom Tobacco Co. Ltd. – Respondent
Lord Tomlin:-
In this appeal the appellants who are the defendants in the action giving rise to the appeal seek to displace a judgment of the Supreme Court of the Straits Settlements affirmed by the Court of appeal of the Straits Settlements whereby the respondents who are the plaintiffs in the action obtained an injunction against the appellants restraining them from applying the mark or title 'twenty-one' in words or 21' in figures or any similar mark, device or title to any cigarettes manufactured by the appellants or to any cigarettes sold by them or to any carton, box, packet or container known as 'shell and slide' or other container of or for cigarettes manufactured, imported, stocked, sold or exposed for sale by the appellants, or to any box, packet label or wrapper used by the appellants in connexion with the sale of cigarettes unless such cigarettes be manufactured by the respondents, and from passing off by means of the said name, title or device of 'twenty-one' or 21' or any name, mark or title similar thereto, or any other means cigarettes of their own or other manufacture as and for cigarettes of the respondents' manufacture, and whereby also an order was made for the d
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