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T.M. LEWIN NIGERIA LIMITED v. SMARTMARK LIMITED

(2017) JELR 37560 (CA)

Court of Appeal  •  CA/L/832/2015  •  16 Jun 2017  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; TIJJANI ABUBAKAR JCA; BIOBELE ABRAHAM GEORGEWILL JCA;

Judgement

BIOBELE ABRAHAM GEORGEWILL, J.C.A. (Delivering the Leading Judgment): The Appellant was the 2nd Claimant in Suit No. FHC/L/CS/1258/2014: Equipoise Nigeria Limited and Anor V. Smartmark Limited (For itself and on behalf of all class of persons engaged in the use of the trade name 'T.M. Lewin' and selling T.M. Lewin products in Nigeria), in which the Claimants claimed against the Respondent as Defendant the following reliefs to wit:

1. A DECLARATION that the use of the name 'T.M' Lewin' by the Defendant and all members of the class of persons represented by the Defendant is a breach of the trade name of the 1st plaintiff, which is registered with the Corporate Affairs Commission.

2. A DECLARATION that the use of the name 'T.M. Lewin' and the sale of T.M. Lewin products in the stores operated by the Defendant and all member of the class of persons represented by the Defendant is illegal and a breach of the exclusive use of the name T.M. Lewin (Nigeria) both in store and in all promotional …

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