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DYKTRADE LTD. V. OMNIA (NIG.) LTD.

(2000) JELR 44036 (SC)

Supreme Court  •  SC.57/1995  •  14 Jul 2000  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; MICHAEL EKUNDAYO OGUNDARE JSC; UTHMAN MOHAMMED JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC; AKINTOLA OLUFEMI EJIWUNMI JSC;

Judgement

BELGORE, JSC (Delivering the Leading Judgment): The appellant was the plaintiff in the Federal High Court and the appellant at the Court of Appeal. The claim in the Federal High Court was against the defendant (now respondent as it was in Court of Appeal) as follows:-

An injunction to restrain the defendant from:-

"(a) Infringing on the plaintiff's trade mark "Super Rocket" applied for and accepted in Nigeria under No. TP 11933/91/5.

(b) Passing off or causing enabling or assisting others to pass off grinding stones used for the purpose of washing terrazzo floors inscribed with the trade mark "Super Rocket" not being of the plaintiff's manufacture or merchandise as and for the goods of the plaintiff.

(c) Importing, selling or offering for sale or supplying grinding stones used for the purpose of washing terrazzo floors or any other product under the trade mark "Super Rocket" as to be calculated to lead to the belief that grinding stone not of the plaintiff's manufacture or merchandise…

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