Facts:

The respondents’ case was that the registered trademarks No.60722′ “Benson & Hedges” (gold colour label mark) and No. 56629; “Benson & Hedges” (Tum to Gold Slogan) were clearly registered specifically with relation to the colour gold as part and the component of the trademarks to which the respondents, as proprietors, are given the right to exclusive use and protection against unauthorized infringement under the provisions of section 5(1) and (2) of the Trade Marks Act. There was no dispute at the trial court that the respondents’ trademarks No. 60722 and No. 56629, in particular, were registered in relation to and specifically with/in respect of the colour gold in addition to and as part of any component of the brand name “Benson & Hedges”, as prescribed and envisaged by the provisions of section 16(I) of the Act.

The Federal High Court (trial court) entered judgment in favour of the respondents for the infringement of their trade mark of the Gold Specification Pack of “Benson and Hedges” cigarettes by the appellants, who were the distributors of the “Tradition” brand of cigarettes manufactured by the interested party/appellant. Aggrieved by the decision of the trial court, the Appellant appealed to the Court of Appeal (lower court) which affirmed the decision of the trial court.

Further aggrieved, the Appellant appealed to the Supreme Court.