E-VOLUTION INTERNATIONAL V. SPYDER LEE ENTERTAINMENT AND THE REGISTRAR-GENERAL

ACKAAH-BOAFO, J.

Introduction:

[1] In this case, the Plaintiff seeks injunctive and declaratory reliefs, as well as Costs. At its root, the action arises from a dispute between the Plaintiff and the 1st Defendant, in respect of the use of the name “People’s/Peoples Choice Awards”. The Plaintiff seeks a declaration that it is the rightful and the bona fide owner/registrant under the Trade Mark Act of 2004 (Act 664) and that the 1st Defendant has no rights to the use of the name as against the Plaintiff.

[2] By its writ of summons the Plaintiff Company claims against the Defendants the following reliefs:

a. A declaration that the Plaintiff is the bona fide owner of the name “Peoples Choice Awards” as a registered trade mark.

b. A declaration that the registration of “People’s Choice Awards” as a business name in favour of the 1st Defendant is likely to be confused by the public with the registered trade mark of the Plaintiff Company.

c. A declaration that the series of advertisements of the n…