HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of Honourable Justice Abdullahi Mustapha sitting at the Federal High Court, Lagos Judicial Division delivered on the 17th day of December 2007.
This Appeal relates to the ownership of a Trade Mark. Sequel to the futile attempt of the Appellant to register the trade mark, "Ariel and Atomium Device" after having initially registered the trade mark "Ariel", the Appellant as Plaintiff instituted Suit No: FHC/L/CS/777/98 at the Federal High Court, Lagos Division, challenging the registration of the 1st Respondent's trade mark, "Ariel Automatic". The Plaintiffs suit is subject of this Appeal.
To get a better understanding of the facts which led to this appeal, it is best to set out the undisputed facts as gleaned from pages 741-751 of the record and set out in the judgment of the trial court.
The Plaintiff, now Appellant filed a suit at the trial court on the 17th of July 1998 claim…