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E-VOLUTION INTERNATIONAL
V.
SPYDER LEE ENTERTAINMENT AND THE REGISTRAR-GENERAL

(2016) JELR 67246 (HC)

High Court 12 Jul 2016 Ghana
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- The Court held that, although the 1st Defendant lawfully registered the name “People’s Choice Awards” as a business name under Act 151, the Plaintiff’s prior registration of the same name as a trademark under Act 664 confers exclusive rig

Case Details

Suit Number:SUIT NO. OCC/89/14
Judges:KWEKU T. ACKAAH-BOAFO
Counsel:MR. ALEXANDER K.K. ABBAN FOR THE PLAINTIFF ,MR KWAKU KWAKYE MAMPHEY HOLDS ,DR. OLIVIA ANKU TSEDE BRIEF FOR THE 1ST DEFEDNANT,NO COUNSEL FOR THE 2ND DEFENDANT

ACKAAH-BOAFO, J.

Introduction:

[1] In this case, the Plaintiff seeks injunctive and declaratory reliefs, as well as Costs. At its root, the action arises from a dispute between the Plaintiff and the 1st Defendant, in respect of the use of the name “People’s/Peoples Choice Awards”. The Plaintiff seeks a declaration that it is the rightful and the bona fide owner/registrant under the Trade Mark Act of 2004 (Act 664) and that the 1st Defendant has no rights to the use of the name as against the Plaintiff.

[2] By its writ of summons the Plaintiff Company claims against the Defendants the following reliefs:

a. A declaration that the Plaintiff is the bona fide owner of the name “Peoples Choice Awards” as a registered trade mark.

b. A declaration that the registration of “People’s Choice Awards” as a business name in favour of the 1st Defendant is likely to be confused by the public with the registered trade mark of the Plaintiff Company.

c. A declaration that the series of advertisements of the n…

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