(2018) JELR 65475 (HC)    
High Court  ·  Suit No. CM/0123/16 ·  1 Nov 2018 ·  Ghana
Core Terms Beta
defendant trading
appeb trading enterprise
air fresheners
plaintiff’s industrial design
plaintiff’s industrial design no. ap
court finds
evidence act
exhibit g
said product
plaintiff’s case
registered owner
amount of gh
contracting states
disposal of the said infringing goods
following acts
following information
infringing goods
insect repellant products
national law of that state
plaintiff’s industrial design number ap
statement of defence
total profit
amount of the fees
annual maintenance fees
behalf of contracting states
burden of proof
cartons of bay bay air refreshers
court holds
designated state of the fact
exhibit h
exhibit p series
figures of gh
following reliefs
institute court proceedings
legal fees
manufacture of insect repellant
office finds
party’s adversary
registered proprietor of industrial design number ap
registration of a trademark bay bay
registration process
styles ansun trading enterprise
subject of a special register
total sale price of gh

The Plaintiff, a limited liability company incorporated in Ghana stated that it was the registered proprietor of Industrial Design Number AP/D/00149 which it used for the manufacture of insect repellant/air fresheners.

It was its case that this registration had been valid and subsisting since 2008. It was also Plaintiff’s case that it had since 2007 manufactured and distributed/sold large quantities of insect repellants/air fresheners and therefore the product had become well known in Ghana.

The Plaintiff averred that the Defendant trading under the names and styles Ansun Trading Enterprise and Appeb Trading Enterprise had infringed the Plaintiff’s Industrial Design No. AP/D/00149. It particularized the infringement by accusing the Defendants of causing insect repellant/air fresheners to be manufactured in the Plaintiff’s registered design without its consent. In doing so, the Plaintiff contended that Defendant had caused it to suffer loss and damage. As a result, the Plaintiff claimed …

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