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Metropolitan Industries (Nigeria) Limited v. Industrial Applications (Nigeria) Limited

(1973) JELR 42666 (SC)

Supreme Court  •  SC.112/1972  •  26 Jan 1973  •  Nigeria

Coram
TASLIM OLAWALE ELIAS JSC; ATANDA FATAYI-WILLIAMS JSC; AYO GABRIEL IRIKEFE JSC;

Judgement

A. FATAYI-WILLIAMS, J.S.C.(Delivering the Leading Judgment): In the Lagos High Court in Suit No.LD/66/71, the plaintiff claimed against the defendant -

1."An injunction restraining the defendant, its servants or agents from manufacturing or, causing to be manufactured; from marketing or causing to be sold or exposed for sale any plastic sandals or shoes bearing the plaintiffs' registered design No-934784 or any obvious or colourable imitation thereof;

2. 50,000 (Fifty Thousand Pounds) damages for the infringement by the defendant of the plaintiff's said registered design or any enquiry into an account of sales of all plastic goods to which the said design or an obvious or colourable imitation thereof shall have been applied and of the profits made thereon;

3. Delivery for public destruction of all plastic goods to which the said design or an obvious or colourable imitation thereof shall have been applied, the moulds, designs and other manufacturing materials that are in possession or …

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