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KRAFT FOODS HOLDINGS INC. v. ALLIED BISCUITS COMPANY LIMITED

(2010) JELR 33574 (CA)

Court of Appeal  •  CA/L/506/06  •  11 May 2010  •  Nigeria

Coram
CLARA BATA OGUNBIYI JCA; ADZIRA GANA MSHELIA JCA; HUSSEIN MUKHTAR JCA;

Judgement

HUSSEIN MUKHTAR, J.C.A: (Delivering the Leading Judgment) This appeal is against the decision of the Federal High Court Lagos delivered by M.L. Shuaibu, J on the 14th February, 2005 wherein the learned trial judge struck out the originating motion filed by the applicant (the appellant herein) on 2nd January, 2004 on the ground that it did not disclose reasonable cause of action and that the appellant lacked locus standi to institute the action.

The reliefs sought for by the appellant in the originating motion dated and filed 2nd January were as follows:

'1) An order that the register of trademarks may be rectified by expunging there from the whole entry relating to the above mentioned registered trade mark No. 31795.

2) Alternatively an order that the register of trade marks may be rectified by the deletion from the specification of goods for which the said trade mark is registered of cereals, bread, biscuits, cakes, pastry and confectionery, ice honey, treacle, yeast and baking powde…

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