JUDGMENTBY: THOMSON LP, BARAKBAH CJ (MALAYA) AND WEE CHONG JIN CJ (SINGAPORE)

THOMSON LP This is an appeal in a trade mark case against a decision of the High Court in Singapore.

The original plaintiff, who is now dead, and, after his death, his representatives carried on the business of making and selling cooking oil consisting of a mixture of palm oil, mutton fat and coconut oil. This unattractive but no doubt wholesome substance was packed in tins of various sizes each of which bore a yellow label. This label had on it printed matter in red and green which, among other things, set out the plaintiffs name and stigmatised the contents as "Chop Bunga" or "Flower Brand". There was also a picture of a flower of the hibiscus type with red petals and green leaves enclosed in a red circle. In 1952 this flower picture was registered under the Trade Marks Ordinance, 1938, and the plaintiffs name was entered in Part A of the Register as proprietor of it in respect of "vegetable ghee" for cooking purposes.

Some time in 1959 the defendants started manufacturing and selling a similar sort of cooking oil in tins. These tins also bore a yellow label on which was printed in red and green t

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