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GALLAHER LTD & ANOR v. BRITISH AMERICA TOBACCO (NIGERIA) LTD & ORS

JELR 36171 (CA)

Court of Appeal  •   •  Nigeria

Coram
JSC;

Judgement

UCHECHUKWU ONYEMENAM, JCA (Delivering the Leading Judgment): The appeal in focus challenges the Ruling of A. O. Faji, J of the Federal High Court, Ilorin Division, delivered on 29th November, 2012. In the ruling, his Lordship refused to grant the application of the Appellants which sought for the discharge of the interim injunction orders and Anton Piller Order he made on 19th April, 2012.

The action which led to the Orders that were sought to be discharged was commenced by the 1st and 2nd Respondents against the 3rd Respondent and Japan Tobacco Inc. whose name was later struck, (hereinafter referred to as "the 3rd Respondent"); by Writ of Summons filed 18th April, 2012 and other Originating Processes.

The claim of the 1st and 2nd Respondents against the 3rd Respondent was for infringement of trade mark and passing off. Their complain is that the package in which the Gold Bond brand of cigarettes is being manufactured and sold by the 3rd Respondent is confusingly similar to the packag…

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