OBANDE FESTUS OGBUINYA, JCA (Delivering the leading Judgment): This appeal is an offshoot of the decision of the Federal High Court, Ilorin Division, Coram A. O. Faji, J, in Suit No.FHC/IL/CS/20/2012 wherein some interim orders were made in favour of the respondents.
The facts of the case in the lower court, which culminated in this appeal, are very succinct. The appellant and the respondents are into tobacco manufacturing and distribution in Nigeria. The respondents and the appellant were the plaintiffs and defendant in the lower court respectively. The respondents claimed that sometime in February 2012, they discovered that the appellant manufactured, distributed and sold "Gold Bond" brand filter cigarettes in gold colour which infringed their exclusive and distinctive use of the get-up, device and design of gold colour for their "Benson and Hedges" brand of filter cigarettes. They further claimed that the appellants "Gold Bond" filter cigarettes were being sold in Ilorin, Ibadan, L…