ii. the similarity was such as to lead to confusion and to allow deception. iii. the Plaintiff was therefore entitled to an injunction and damages. Judgment for the Plaintiff” 2. Parke Davis & Co. Ltd —Vs- Opa Pharmacy Ltd [1961] EA 556. In that case the Appellant Company had for twenty eight years sold in East Africa tubes of ointment packed in distinctive cartons under the registered trade name “Capsolin”. In 1955 the Respondent Company began selling a similar ointment under the registered name “Capsopa”. In 1959 the Appellant Company sued claiming an injunction to restrain the Respondent company from passing off its products on that of the Appellant Company and damages or an account of the profits made. The trial Judge dismissed the suit finding inter alia that there was no evidence of confusion among the public despite the concurrent sale of the two products and that “Capsopa” was not likely to be confused with „Capsolin‟. On appeal, it was held inter alia; “(i) since the first two syllables in the trade name used by each of the parties were identical and there were resemblances in the containers there was a teal probability of confusion and the Appellant Company was „entitled to an injunction.” Mr. Mugenyi further submitted that in cases of passing off, the Court is vested with the power to look at the mark to determine the similarities. He relied on the case of Hassanali M. Sachoo —Vs- Johnhopkin O.V.T [1958] EA 464, particularly a quotation from Kerly‟s book at page 646 cited in the case of Schweppes Ltd –Vs Gibbens (1905) 22 RPC 113,601 by WARRINGTON, J, whose Judgment was approved by the majority of the Court of Appeal and by the House of Lords when he said: “It seems to me that each of these cases must be looked at by itself, and the Judge looking at the label, or the get up or the device, whatever it may be that is complained of with much assistance as to the practice of the trade as he can get from witnesses, must decide for himself whether the article complained of is calculated to deceive or not.” 11