OM SATNAM LTD V. EBENEZER APPIAH & ANOR

The Plaintiff, a limited liability company incorporated in Ghana stated that it was the registered proprietor of Industrial Design Number AP/D/00149 which it used for the manufacture of insect repellant/air fresheners.

It was its case that this registration had been valid and subsisting since 2008. It was also Plaintiff’s case that it had since 2007 manufactured and distributed/sold large quantities of insect repellants/air fresheners and therefore the product had become well known in Ghana.

The Plaintiff averred that the Defendant trading under the names and styles Ansun Trading Enterprise and Appeb Trading Enterprise had infringed the Plaintiff’s Industrial Design No. AP/D/00149. It particularized the infringement by accusing the Defendants of causing insect repellant/air fresheners to be manufactured in the Plaintiff’s registered design without its consent. In doing so, the Plaintiff contended that Defendant had caused it to suffer loss and damage. As a result, the Plaintiff claimed …