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Elecktrotechnische Fabrik Schmidt and Co. v. Bateria Slany Narodni Podnic

(1972) JELR 45188 (SC)

Supreme Court  •  SC.241/69  •  3 Mar 1972  •  Nigeria

Coram
GEORGE SODEINDE SOWEMIMO JSC; UDO UDOMA JSC; GEORGE BAPTIST AYODOLA COKER JSC;

Judgement

G. B. A. COKER, J.S.C. (Delivering the Leading judgment): This appeal is sequel to an application by the appellants, Elektrotechnische Fabrik Schmidt and Co. otherwise Daimon-Werke GMBA to the High Court, Lagos, for "an order that trade mark No. 9636 be expunged from the register of trade marks". The application was directed against the respondents, Bateria Slamy Narodni Podnic. At the date of the motion the said respondents were, as they still are, the registered proprietors of trade mark No. 9636. The application is supported by an affidavit filed on behalf of the appellants stating, inter alia, that although both the appellants and the respondents were companies originally founded and owned by the same person, yet after World War II the respondents' company, which was based in Switzerland, was nationalised by the government of that country;

that the appellants were the registered proprietors of the trade mark "DAIMAN and DEVICE" which was registered as No. 4578 in the register of …

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