Equity-Clean hands doctrine-Application

Trade Marks-Undertaking to combine trade name with trade mark-Whether
condition of registration-Whether breach affects trade mark protection-
Mark showing tomb protected against another mark showing dissimilar
tomb

The plaintiff was a proprietor of a trade mark registered under the
Trade Marks Ordinance 1930. At the time of registration he had given the
Registrar an undertaking to combine his trade Dame with the mark, and
the undertaking was endorsed on the respondent's certificate of registration.
He made use of the mark without the addition of his trade name. Later
the appellant began to use a similar mark. Both the appellant and the re-
spondent used their respective marks on 'zarag.' The plaintiff sued for an
injunction and ancillary relief.

Held: (i) The combination of the trade name with the trade mark
was an arrangement between the Registrar and the respondent. It was
not intended to affect the validity of the original mark because it was not
a condition of registration.

(ii) The equitable maxim of "He who comes to equity must come
with clean hands" has no application to this case because the plaintiff had
done nothing unfair to the defendant.

(iii) The defendant's mark, consisting of a tomb, though not identical
with the plaintiff's, sufficiently resembled it to make error or deception rea-
sonably probable.

Trade Marks Ordinance 1931, s. 7.

Appeal

1934. Owen C.J.: The material and relevant facts of this case
are set out in the judgement of the court below, and the questions that

• Coun: Owen C.J., Gorman 1. and Evans R.G.L.