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JOBELA NIGERIA ENTERPRISES LIMITED V. TAIWO KUPOLATI ESQUIRE RENAISSANCE LAW PUBLISHERS LIMITED NEW CENTURY LAW PUBLISHERS LIMITED THE REGISTRAR OF TRADE MARKS

(2005) JELR 57873 (HC)

High Court  •  FHC/L/CS/1106/03  •  8 Apr 2005  •  Nigeria

Coram


Judgement

SHUAIBU J. (Delivering the Ruling): By notice of preliminary objection dated the 11th day of December, 2003, the 1st - 3rd defendants prays for:- “1. An order striking out or dismissing this suit for want of jurisdiction and for being incompetent.

An order striking out and or dismissing this suit for lack of locus standi on the part of the plaintiff and for the entire action being an abuse of court process.

The grounds of the objection are as follows:-

The 1s t and 2 nd d efendants have no registered trademark to Federation Weekly Law Reports.

This action relates to complaint of infringement of a trademark or alleged registration of a trademark to Federation Weekly Law Reports by the registrar of trademarks when in fact there was no registration of such trademark.

Infringement of a trademark or any cause of action whatsoever in respect thereof is in common law for tort and in respect of which the Federal High Court has no jurisdiction. The Trade Marks Act provides for a domestic forum …

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