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JOSIEN HOLDINGS LTD & ORS
V.
LORNAMEAD LTD & ANOR

(1995) JELR 33652 (SC)

Supreme Court 13 Jan 1995 Nigeria
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- The plaintiffs obtained judgment at the Lagos High Court restraining the defendants from passing off products bearing disputed trademarks (“TURA”, “KISS”, “SORAYA”), ordering obliteration and destruction of infringing goods, delivery up,

Case Details

Suit Number:SC.183/1992
Judges:MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI 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
Counsel:Chief F.R.A. Williams, SAN (with him, D.B. Anekwe) For Appellant Respondent absent and unrepresented For Respondent
Other Citations:Josien Holdings Ltd v. Lornamead Ltd (1995) 1 NWLR (Pt.371) 254 (1995) 1 SCNJ 133

KUTIGI, J.S.C. (Delivering the Leading Judgment): The plaintiffs in the Lagos High Court obtained judgment against the defendants in the following terms-

"1. That the defendants whether by themselves, servants and/or agents, servants be and are hereby restrained from passing off all their products bearing the trade names and mark TURA, KISS and

SORAYA with their get-ups (particularly those listed in the first relief sought in the Writ of Summons) as those of the plaintiffs.

2. Obliteration by the defendants of all marks and get-ups or colourable imitation thereof upon all articles in the nature of the goods complained of bearing a similar get-up or colourable imitation

thereof which could be a breach of this injunction.

3. Delivery up or alternatively the destruction of any articles in possession, custody or control of the defendants bearing the trade marks or a get-up confusingly similar to the get-up used by the plaintiffs, including any packaging brochures, advertisement or othe…

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