(2010) JELR 57834 (CA)    

Court of Appeal  ·  CA/L/261/02 ·  15 Jun 2010 ·  Nigeria
M.B. DONGBAN-MENSEM JCA (Presided andRead the Lead Judgment) P.A. GALINJE JCA
Core Terms Beta
learned trial judge
learned counsel
la voltic
lead judgment
said order
suit of the respondent
control of the defendant
dongban-mensem jca
english courts
exhibits sa
products of the plaintiffs
refusal of the learned trial judge
2nd plaintiff
appellant’s case
applicant’s registered trademarks no.
arguments of the respective learned counsel
bailiffs of this honourable court
bernard show’s book
charge of the defendants promises
chief judge
constitutesan infringement of the respondent
detailed reasons
evidence of the infringement
ex parte anton piller
federal high court
federal high court lagos
following acts
following cases
mist of material
nature of a search warrant
perpetual injunction
premises of the appellants
receipt of purchase of goods
respondentsas plaintiffs
such premises
takinginto possession of the federal high court
terms of the said application
trademark infringement

DONGBAN-MENSEM JCA (Delivering the Lead Judgment): The genesis of this appeal isa suit No. FHC/L/CS/180/00 filed by the respondentsas plaintiffs at the Federal High Court Lagos. The appellants are the defendants before the Federal High Court, coram. Hon. Justice G. Olotu (J).

The suit of the respondent alleges a trademark infringement and claims inter alia , a declaration that the appellant’s case of the mark “La Voltic” constitutesan infringement of the respondent’s registeredtrademark ‘Volvic’ No. 39259 in class 32; a perpetual injunction restraining the appellant from producing and selling bottled water in the mark “La Voltic” The suit which was filed on 26 February 2002 had an ex parte application for an interim orderseekingnumerous reliefs. The application wasgranted, on 28 February 2002.

The said order was executed on 4 March 2002 at the premises of the appellants. In reaction, the appellant filed an application on 11 March 2002 seeking an order discharging the orders …

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