ADAMU JAURO, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Federal High Court Lagos, Coram E.O. Sanyaolu J, delivered on the 21st day of January, 2002.
The facts culminating in this appeal can be briefly stated as follows. The respondent as plaintiff contended that it had been marketing shoe protectors described as 'Step' and 'Guard' on behalf of its overseas principal since 1981 and got the protectors registered in 1990 as trade mark in Nigeria. The plaintiff alleged that the defendant now appellant infringed its trade mark 'Step' and 'Guard' in the production of shoe heel and sole protectors. The defendant denied the allegation, stating that at the time of the alleged infringement, it had a design certificate in respect of heel protector 'step' and sole protector 'step' issued by the Registrar of Design in Abuja. At the institution of this action, there was a pending suit between the same parties at the instance of the respondents before ano…