HOLDENT INTERNATIONAL LIMITED V. PETERSVILIE NIGERIA LIMITED

JOSEPH SHAGBAOR IKYEGH, JCA (Delivering the Leading Judgment): Consequent upon the dismissal of an action for trade mark infringement brought by the appellant against the respondent at the Federal High Court of Justice sitting in Lagos State (the court below), on the ground that the appellant had not proved the case for an infringement of her trade mark, the appellant filed the appeal questioning the said judgment.

Expressed in summary form, case of the appellant was that her trade mark called Mama lemon was duly registered with the Registrar of Trade Mark in class c for the purpose of the manufacture and sale of detergent. It was the appellant's case at the court below that the respondent infringed the trade mark by producing and marketing detergent under the unregistered trade name of 'Mana liquid Soap'. The appellant asserted that the two trade names sound alike and confuse customers to desert her product for the respondent's product in the belief that they are patronising her Mama…