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FERODO LIMITED & ANOR.
V.
IBETO INDUSTRIES LIMITED

(2004) JELR 44990 (SC)

Supreme Court 6 Feb 2004 Nigeria
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- The case involves a dispute over a registered trade mark between the appellants and the defendant. - The appellants claim that the defendant's packaging and branding infringe their registered trade mark. - The trial court and Court of App

Case Details

Suit Number:SC.95/1999
Judges:SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria NIKI TOBI Justice of The Supreme Court of Nigeria DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria
Counsel:Olatosi Ogunkeye, Esq. For Appellant O. Opasanya, Esq. For Respondent

MUSDAPHER, JSC (Delivering the Leading Judgment): The appellants herein were the plaintiffs in the Federal High Court and the appellants at the Court of Appeal, Lagos. The claim in the Federal High Court was against the respondent herein (as the defendant) and was in the following terms:

"An injunction to restrain the defendant whether acting by itself, its servants or agents or any of them, or otherwise howsoever from doing the following acts or any of them that is to say -

(i) Infringing the 1st plaintiff's registered trade mark No. 38604.

(ii) Passing off or causing or enabling or assisting others to pass off the defendant's UNION brake linings as and for the plaintiffs' FERODO brake linings.

(iii) Selling or offering for sale or supplying brake linings or brake pads with labels or in packages having the distinctive red, black and white package design or get up of the plaintiffs' FERODO brake linings' package design or get up or so closely resembling it as to be calculated to lead…

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