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JOSIEN HOLDINGS LIMITED & ORS V. LORNAMEAD LIMITED & ANOR

(1995) JELR 33652 (SC)

Supreme Court  •  SC.183/1992  •  13 Jan 1995  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; ABUBAKAR BASHIR WALI JSC; IDRIS LEGBO KUTIGI JSC; MICHAEL EKUNDAYO OGUNDARE JSC; UTHMAN MOHAMMED JSC;

Judgement

KUTIGI, J.S.C. (Delivering the Leading Judgment): The plaintiffs in the Lagos High Court obtained judgment against the defendants in the following terms-

"1. That the defendants whether by themselves, servants and/or agents, servants be and are hereby restrained from passing off all their products bearing the trade names and mark TURA, KISS and

SORAYA with their get-ups (particularly those listed in the first relief sought in the Writ of Summons) as those of the plaintiffs.

2. Obliteration by the defendants of all marks and get-ups or colourable imitation thereof upon all articles in the nature of the goods complained of bearing a similar get-up or colourable imitation

thereof which could be a breach of this injunction.

3. Delivery up or alternatively the destruction of any articles in possession, custody or control of the defendants bearing the trade marks or a get-up confusingly similar to the get-up used by the plaintiffs, including any packaging brochures, advertisement or otheā€¦

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