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GROUP DANONE
V.
VOLTIC (NIG.) LTD

(2008) JELR 47151 (SC)

Supreme Court 7 Mar 2008 Nigeria
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This case involves a dispute between two companies over alleged trademark infringement. The appellant is the registered owner of the trademark "Volvic," while the respondent manufactures and sells table water under the trademark "La Voltic.

Case Details

Suit Number:SC.223/2002
Judges:NIKI TOBI Justice of The Supreme Court of Nigeria SUNDAY AKINOLA AKINTAN Justice of The Supreme Court of Nigeria MAHMUD MOHAMMED Justice of The Supreme Court of Nigeria IKECHI FRANCIS OGBUAGU Justice of The Supreme Court of Nigeria FRANCIS FEDODE TABAI Justice of The Supreme Court of Nigeria
Counsel:Olukayode Dada For Appellant A.O. Eghobamien For Respondent
Other Citations:Group Danone v. Voltic (Nig.) Ltd. (2008) 7 NWLR (Pt.1087) 637 S.C. (2008)34 NSCQR Pt I 40 (2008)34 NSCQR Pt I 40

TABAI, JSC (Delivering the Leading Judgment): This is an appeal against the ruling of the Court of Appeal, Lagos Division on the 18th of July 2002. The ruling itself was sequel to an application therein dated and filed on the 27th of June 2002. The motion prayed for:

(i) An order suspending varying or staying in terms set forth in the schedule hereto the exparte Orders granted by the Federal High Court (Honourable Justice OIotu J) on 28th of February 2002 in favour of (1) Groupe Danone (2) Society Des Eaux De Volvic.

(ii) An Order of Stay of Proceedings pending the determination of the appeal filed against the ruling of Honourable Justice Olotu J delivered on 3rd June 2002.

(iii) Such further or other Orders as this Honourable Court may deem fit to make in the circumstances.

Schedule

Term of Variation Proposed

"Discharging, suspending or staying that part of the order of the Federal High Court restraining the Defendant from selling or offering for sale Table Water in packages containe…

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