OMNIA (NIG) LTD V. DYKTRADE

A. M. MUKHTAR, J.S.C (Delivering the Leading Judgment): This is an appeal from the decision of the Court of Appeal Lagos Division, which dismissed the appeal of the defendant/appellant who appealed to it, not being happy with the judgment of the Federal High Court, holden at Lagos. The parties are both limited liabitity companies. Sometime in 1989 the plaintiff initiated a trading venture with an Italian company to manufacture grinding stones for the washing of terrazzo floors. The plaintiff adopted the trade mark 'SUPER ROCKET' for the grinding stones which it registered in Nigeria under No. 51136 in class 19 with effect from 10th October, 1991 and the trade mark was inscribed on all the grinding stones ordered and supplied, to the plaintiff. The plaintiff has in the course of the trading venture sold substantial quantities of 'super Rocket' grinding stones all over Nigeria and has acquired substantial reputation and good within the trade mark. In December 1992 the defendant imported…