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(2021) JELR 109520 (CA)

Court of Appeal  •  CA/L/873/2008  •  29 Jan 2021  •  Nigeria

Ugochukwu Anthony Ogakwu, JCA Balkisu Bello Aliyu, JCA Ebiowei Tobi, JCA


BALKISU BELLO ALIYU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Federal High Court, Lagos Division (trial Court) delivered on the 20th December, 2006 by Hon. Justice Abdullahi Mustapha, in respect of Suit No: FHC/L//CS/163/96. The Respondent was the Plaintiff in the suit it filed against the Appellant being the Defendant vide a writ of summons dated and filed on the 16th February, 1996 supported by a further amended statement of claim filed on the 9th November, 1999. The claims of the Respondent in the said amended particulars of claims (page 131 to 133, volume 1 of the record of appeal) are:

1. A declaration that the Plaintiff’s Registered Trade Mark, RTM 40551 is valid and subsisting and has been infringed by the Defendant.

2. A declaration that the Plaintiff is the original author, inventor, designer and creator of the Artistic work of the Registered Trade Mark, RTM 40551, its packaging, logo, get up, colour scheme, and all physical/visual at…

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