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IYKE MEDICAL MERCHANDISE V. PFIZER INC. & PFIZER PRODUCTS PLC

(2001) JELR 44272 (SC)

Supreme Court  •  SC.29/1996  •  4 May 2001  •  Nigeria

Coram
ABUBAKAR BASHIR WALI JSC; MICHAEL EKUNDAYO OGUNDARE JSC; ANTHONY IKECHUKWU IGUH JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC; SAMSON ODEMWINGIE UWAIFO JSC;

Judgement

UWAIFO, J.S.C. (Delivering the Leading Judgment): This action has its cause in the tort of passing-off. The plaintiffs (now respondents) claim to be entitled to the trademark of a pharmaceutical product, a worm expeller for the treatment of worms in children and adults, known as COMBANTRIN PLUS duly registered under Trade Mark No.31159. There is another pharmaceutical product branded COMBINTERIN put on public sale by the manufacturer/distributor going by the trade name IYKE MEDICAL MERCHANDISE sued as the defendant (now appellant). The said COMBINTERIN is offered for the treatment of worms in both children and adults as though the plaintiffs' COMBANTRIN.

The respondents then brought a suit against the appellant on 18 October, 1993 at the Federal High Court, Enugu claiming for-

"1. An injunction to restrain the defendant whether acting by itself, its servants or agents or any of them or otherwise howsoever from doing the following acts or any of them that is to say:

(i) Infringing the …

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