A. M. MUKHTAR, J.S.C (Delivering the Leading Judgment): This is an appeal from the decision of the Court of Appeal Lagos Division, which dismissed the appeal of the defendant/appellant who appealed to it, not being happy with the judgment of the Federal High Court, holden at Lagos. The parties are both limited liabitity companies. Sometime in 1989 the plaintiff initiated a trading venture with an Italian company to manufacture grinding stones for the washing of terrazzo floors. The plaintiff adopted the trade mark 'SUPER ROCKET' for the grinding stones which it registered in Nigeria under No. 51136 in class 19 with effect from 10th October, 1991 and the trade mark was inscribed on all the grinding stones ordered and supplied, to the plaintiff. The plaintiff has in the course of the trading venture sold substantial quantities of 'super Rocket' grinding stones all over Nigeria and has acquired substantial reputation and good within the trade mark. In December 1992 the defendant imported…
OMNIA (NIG) LTD
V.
DYKTRADE LTD
(2007) JELR 41438 (SC)
Supreme Court 13 Jul 2007 Nigeria
BriefBot Summary
- The plaintiff registered the trademark "SUPER ROCKET" for grinding stones and claimed that the defendant infringed on their trademark by importing and selling grinding stones under the same trademark. - The defendant filed a motion to str
Case Details
Suit Number:SC.176/2003
Judges:ALOMA MARIAM MUKHTAR JSC
IKECHI FRANCIS OGBUAGU JSC
FRANCIS FEDODE TABAI JSC
IBRAHIM TANKO MUHAMMAD JSC
CHRISTOPHER MITCHELL CHUKWUMA-ENEH JSC
Counsel:Mr. Adesegun Ajibola For the Appellant;
Mr. Obatosin Ogunkeye For the Respondent.
Other Citations:Omnia (Nig.) Ltd. v. Dyktrade Ltd. (2007) 15 NWLR (Pt.1058) 576 (2007)7 S.C. 44 (2007)7 S.C. 44
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