Stassen Exports Ltd. Vs. Lipton Ltd. and others – SC CHC APPEAL NO. 51/2006-2009

In the case between Stassen Exports Ltd. and Lipton Ltd., with the Director-General of Intellectual Property as respondent, the Supreme Court addressed the issue of whether the Director-General was required to give effect to binding decisions of the District Court and Court of Appeal regarding the registration of a trademark. The court determined that, given the doctrine of res judicata and principles of stare decisis, the prior lower court decisions—finding no likelihood of confusion between the marks—were binding, and the Director-General’s failure to consider these judgments invalidated the refusal of trademark registration. The appeal was consequently allowed, with the High Court judgment and the Director-General’s order set aside, thereby permitting the appellant to proceed with trade