Both parties involved in the present matter were players in the pharmaceutical industry. The Appellants sought the upholding of a trademark for the shape of a tablet and a finding that the Respondent had infringed the trademark. The Respondent imported a tablet with the same composition and shape as that of the Appellants. In the court a quo, the Respondent applied for the expungement from the trademark register of the shape trademark. The Appellants launched a counter­application for relief for trade mark infringement. The latter application failed while that of the Respondent succeeded. The appeal was accordingly dismissed with costs.