CHIEF OJONG NDOMA –EGBA V NNAMEKE CHUKWUKELUO CHUKWUOGOR
June 12, 2025ENGINEER GOODNEWS AGBI V CHIEF AUDU OGBE
June 12, 2025Legalpedia Citation: (2004) Legalpedia (SC) 13110
In the Supreme Court of Nigeria
Fri Feb 6, 2004
Suit Number: SC. 95/1999
CORAM
SALIHU MODIBBO ALFA BELGORE, JUSTICE, SUPREME COURT
SYLVESTER UMARU ONU JUSTICE, SUPREME COURT
PARTIES
1. FERODO LIMITED2. FERODO NIGERIA LIMITED APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellants claimed the respondent’s packing of its break lining and colours were in breach of his trade mark and packing registered as FERODO.
HELD
The Court held that the case was rightly dismissed by the lower courts because what was registered was only the name FERODO and that the chequered black, white and red design were mere embellishment.
ISSUES
1. Whether the Court of Appeal should at all have looked into the registrability or the entitlement of the plaintiffs/appellants to exclusive use of the individual components of the trade mark registered under No. 38604.2. If the Court of Appeal was right to have looked into the registrability of any component of trade mark No.38604, whether the court was right in deciding that only FERODO was registered under trade mark No.3874.
RATIONES DECIDENDI
CASES CITED
1. BISMAG LTD VS. AMBLINS (CHEMISTS) LTD. (1940) Ch 6672. WOODARD LTD VS. BOOLTON MACRO LTD3. THE MATTER OF THE REGISTERED TRADE MARK OF WOODWARD LTD No. 100(1915) 32 RPC 173 at 1964. LEVER BROS. LTD.VS. SUNNIVTE PRODUCTS LTD. (1949) 66. R.P.C 84
STATUTES REFERRED TO
1. The Trade Mark Act2. The Evidence Act
