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VIRGIN ENTERPRISES LTD v. RICHDAY BEVERAGES NIG. LTD

(2009) JELR 47293 (CA)

Court of Appeal  •  CA/L/550/05  •  22 May 2009  •  Nigeria

Coram
ADZIRA GANA MSHELIA JCA; REGINA OBIAGELI NWODO JCA; ADAMU JAURO JCA;

Judgement

REGINA OBIAGELI NWODO, JCA (Delivering the Leading Judgment): The Plaintiff in the High Court commenced a suit by writ of summons and statement of claim dated 29 October 2003 praying for the following reliefs under paragraph 12 of the statement of claim:

(a) An injunction to restrain the Defendant, whether by its directors, officers, servants or agents or any of them or otherwise howsoever from doing the following acts or any of them, that is to say:

i. Infringing the Plaintiffs registered trade mark No. 55476, by using the word VIRGIN in connection with the production, and sale of bottled water not of the Plaintiff manufacture or merchandise.

ii. Passing off or attempting to pass off or causing or enabling others to pass off bottled water branded as VIRGIN, not produced by the Plaintiff as and for a product of the Plaintiff.

(b) Obliteration upon oath of the word VIRGIN or any colourable imitation thereof upon all articles or labels the use of which bearing the word VIRGIN would be a…

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