Lipton, Ltd. V. Rawther Et Al.,

1933 Present: Dalton A.C.J. and Drieberg J.

LIPTON, LTD. v. RAWTHER et al.

31-D. C. (Inty.), Colombo, 1,812.

Trade mark-Application for registration of trade mark in respect of tea- Opposition on the ground that it resembled respondents trade mark- Similarity of device-Calculated to cause deception.

The appellants applied for the registration of a trade mark in respect of tea, consisting of the device of a man-of-war of the cruiser type with the words "ENTERPRISE BRAND" below. The application was opposed by the respondents on the ground that the device sought to be registered so nearly resembled their own registered device as to be calculated to deceive. The respondents' trade mark was registered in respect of the same goods and the essential particulars of the mark were the device of a steamship with the words " STEAMSHIP BRAND ". It was established that the respondents' tea had become known as " ship brand " tea.

Held that the appellants were not entitled to register their trade mark.

APPEAL from a judgment of the District Judge of Colombo. The facts appear from the judgment.

H. E. Garvin (with him Stanislaus Alles), for a

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