Ratio DecidendiRatio Decidendi


(2003) JELR 44849 (SC)    

Supreme Court  ·  SC.116/1999 ·  20 Jun 2003 ·  Nigeria
Other Citations
Ayman Ent. Ltd. v.Akuma Ind. Ltd. [2003] 13 NWLR (Pt.836)22 (2003) 6 S.C (Pt.II) 44 (2003) 6 S.C (Pt.II) 44
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
federal high court
trade mark
court of appeal
federal enactment
right of action
unregistered trade mark
common law
jurisdiction of the federal high court
new queen
hair attachments
laws of the federation of nigeria
leading judgment
learned counsel
original queens
trial court
learned trial judge
decision of the court of appeal
provisions of the trade marks act
infringement of an unregistered trade mark
interlocutory injunction
3rd schedule of the trade marks act
cases of patkun industries
course of trade of the trade mark
entire case
ex-parte anton-piller application
following acts
following issues
goods of the plaintiff
learned trial judge sanyaolu
legal arguments
lower court
niger shoes manufacture ltd.
provision of section
provision of the trade marks act
raw materials
respect of a registered trade mark
respect of civil causes
rules of this court
ruling of the learned trial judge
said exercise
trial judge
u. a. kalgo

U. A. KALGO, JSC (Delivering the Leading Judgment): The appellant who was the plaintiff instituted this action against the respondents as defendants in the Federal High Court, Lagos. In the writ of summons issued on the 26th of June, 1996, the plaintiff/appellant claimed for:-

"1. A perpetual injunction restraining the defendants and each of those upon whose behalf the defendants are sued, whether acting by themselves, their servants, assigns or privies or otherwise howsoever, from doing the following acts or any of them, that is to say:-

(i) Passing-off or attempting to pass-off or causing, enabling or assisting others to pass-off wigs and hair attachments not the plaintiff's manufacture or merchandise as and for the goods of the plaintiff by the user or in connection therewith in the course of trade of the Trade Mark "ORIGINAL QUEENS" or adopting the distinctive get-up, logo, packaging or label design, identical in all essentials details to that of the plaintiffs "NEW QUEEN" or any …

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