D & S TRADING COMPANY LIMITED V. REMIA C. V & ANOR

TOBI EBIOWEI, J.C.A. (Delivering the Leading Judgment): On 20/5/14, the Appellant as Plaintiff in the lower Court (Federal High Court, Lagos Division) instituted an action against the Respondents for the infringement of its Trade Mark which it has registered since 1997 in class 29. The registered Trade Mark is ROS.The Appellant also brought a claim for the passing off of its product. The action was predicated on the grounds that the Respondents in registering or bringing up products manufactured and produced by it, named Rosa Margarine, Rosa Mayonnaise and Rosa Elan Margarine in classes 29 and 30 is an infringement of the Trade Mark and the passing off of the product the Plaintiff had registeredThe Respondent on the other hand denied the allegation in stating before the lower Court that the products are not meant for the Nigerian market and more so the Appellant does not have exclusive usage of the word Rosa. The Respondent as Defendants in the lower Court also brought a counter claim…