Siti Norma Yaakob J:

The applicants in this originating motion are the proprietors of a registered trade mark consisting of the words "Double Lion" and the design of two lions standing facing each other with a tower of flames separating them, all coloured in gold and outlined in black. The trade mark was registered on 24 June 1978 and was renewed on 24 June 1985 for another 14 years. The trade mark is used in the applicants' product of flavouring concentrates for beverages.

It has since come to the knowledge of the applicants that bottles of flavouring for beverages not manufactured by them bearing the "Dragon City" trade mark on an identical label design in the same colour get-up were being sold and passed off as a product of the applicants and in order to protect their trade mark and product, the applicants obtained a trade description order, ex parte , on 11 May 1987 under s. 16 of the Trade Descriptions Act 1972 (the Act).

Following the order, raids were conducted by the Enforcement Officers of the Ministry of Trade & Industry and that all bottles of flavouring concentrates bearing the respondent's "Dragon City" trade mark were taken away as the respondent had infringed th