Facts:

The 1st and 2nd appellants were plaintiffs in the trial court. They had sued the defendant company- now respondents in the appeal – for an alleged infringement of their trade mark “FERODO”, (A brand of brake lining, for motor vehicles) and for the tort of passing-off its goods. The appellants were registered users of the mark “FERODO” while the respondents marketed its goods as “UNION” also a brand of brake lining used for motor vehicles. The appellants contended in both the trial court and the Court of Appeal that their action was based not merely on a right to the use of the trade word of “FERODO” but on the total packaging of goods in terms of marks, colours and colorations.

In evidence it was established that both “FERODO” and “UNION” share common colours of red, black and white in their packaging.

The appellants contend that the design of the “FERODO” box is registered as a trade mark under No. 38604 and that the 1st plaintiff/appellant, an English, is the registered proprietor thereof