Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



DYKTRADE LTD.
V.
OMNIA (NIG.) LTD.

(2000) JELR 44036 (SC)    
Supreme Court  ·  SC.57/1995 ·  14 Jul 2000 ·  Nigeria
 · 
Other Citations
Dyktrade Ltd. v. Omnia Nig Ltd (2000) 12 NWLR ( Pt.680) (2000) 7 SC (Pt1) 56 (2000) All N.L. R 591
Dyktrade Ltd. v. Omnia (Nig.) Ltd. (2000) 12 NWLR (Pt. 680) 1
CORAM
SALIHU MODIBBO ALFA BELGORE 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 ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
appellant
plaintiff
trade mark
respondent
interlocutory injunction
defendant
super rocket
injunction
trade marks act
court of appeal
serious question
infringement of trade mark
laws of the federation of nigeria
purpose of washing terrazzo floors
brother belgore jsc
federal high court
learned judge
trial court
counter-affidavit
infringement of the trade mark
learned trial judge
registered trade mark
registration of a trade mark
trade mark infringement
exclusive use of the trade mark
following issues
general show
goods of the plaintiff
infringement of a trade mark
instant case
kalio v
leading judgment
legal authorities
light of the clear provisions of sections
part b of the register
parte order
products of the plaintiff
record shows
registrar of trade marks of the applicant
requirements of section
right thing
said judgment
submissions of both learned counsel
trial judge

BELGORE, JSC (Delivering the Leading Judgment): The appellant was the plaintiff in the Federal High Court and the appellant at the Court of Appeal. The claim in the Federal High Court was against the defendant (now respondent as it was in Court of Appeal) as follows:-

An injunction to restrain the defendant from:-

"(a) Infringing on the plaintiff's trade mark "Super Rocket" applied for and accepted in Nigeria under No. TP 11933/91/5.

(b) Passing off or causing enabling or assisting others to pass off grinding stones used for the purpose of washing terrazzo floors inscribed with the trade mark "Super Rocket" not being of the plaintiff's manufacture or merchandise as and for the goods of the plaintiff.

(c) Importing, selling or offering for sale or supplying grinding stones used for the purpose of washing terrazzo floors or any other product under the trade mark "Super Rocket" as to be calculated to lead to the belief that grinding stone not of the plaintiff's manufacture or merchandise…

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