Mohamed Et Al., V. Mohamed Uvais

1942 Present: Wijeyewardene and Nihill JJ.

MOHAMED et al v. MOHAMED UVAIS.

277--D. C. Colombo. 10,036.

Trade Mark-Action for infringement and passing off-Distinct labels-Alleged phonetic similarity -Burden of proof-Injunction.

Where, in an action for the infringement of a trade mark, the label used by the defendants on their goods was distinct from and. incapable of being mistaken or confused with the label of the plaintiffs, the burden is upon the latter to establish by evidence that their goods are known by some name or description of such a nature that the use of the defendants label would cause people to think that the goods having that label were the goods of the plaintiff.

THIS was an action for infringement or a trade mark and for passing off in which the District Court granted an injunction restraining the defendant from the use of his unregistered trade mark. The plaintiffs, who were carrying on business in Colombo under the firm name of Vally Noor Mohamed & Company, alleged in their plaint that the defendants by the use of their unregistered trade mark had infringed their registered Trade Mark No. 6,867, which

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