YARGATA BYENCHIT NIMPAR, JCA (DELIVERING THE LEADING JUDGMENT): This is an appeal against the judgment of the Federal High Court, Lagos Division delivered on the 23rd April, 2013 by JUSTICE I. N. BUBA wherein the Court dismissed a preliminary objection filed by the Appellant and granted the reliefs in the Notice of Originating Notice of the 1st Respondent. The 1st Respondent appealed against the decision of the Registrar of Trade Marks where he dismissed the 1st respondent's objection to the registration of trademarks of some products. The 1st Respondent then appealed to the Court below which allowed the appeal and set aside the decision of the Registrar of Trade marks to register the products. The Court below held that the Appellant cannot register the products because it was previously instructed by the 1st Respondent to register same on its behalf and as a result, the registration done should be expunged from the register of trade marks. Dissatisfied with the decision, the appellan…
DUWIN PHARMACEUTICAL & CHEMICAL CO. LTD
V.
ESAPHARMA SRL, ITALY & ANOR
(2017) JELR 34322 (CA)
Court of Appeal 11 May 2017 Nigeria
Case
Key Passages 15
Citing Cases 5
BriefBot Summary
- This case is an appeal against the judgment of the Federal High Court, Lagos Division. - The Court dismissed a preliminary objection filed by the Appellant and granted the reliefs in the Notice of Originating Notice of the 1st Respondent.
Case Details
Suit Number:CA/L/389/2013
Judges:MOHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria
YARGATA BYENCHIT NIMPAR Justice of The Court of Appeal of Nigeria
JAMILU YAMMAMA TUKUR Justice of The Court of Appeal of Nigeria
Counsel:Prof. A. B. Kasunmu, SAN with him, E. I. Emmanuel. For Appellant
O. T. Opara Mrs. for the 1st Respondents. For Respondent
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