It is now an established principle of trademark law in Nigeria that the registration of a trademark does not necessarily constitute a defence to a claim of passing off or trademark infringement particularly where the registered trademark is used to deceive the public. This was the decision of the Supreme Court of Nigeria (the “Court”) in the recent case of Dike Geo Motors et al. v. Allied Signal Inc. et al. (2024) 10 NWLR (Pt.1946) 201. The apex Court also affirms the jurisdiction of the Federal High Court to hear and determine a claim for passing off whether the claim arises from the infringement of a registered or unregistered trademark.
In this article, our Associates, Taiye Adegoke, Oluwatosin Jinadu, Uchenna Ezeagu and Ifenna Okeke take a deep dive into the facts, arguments, and decision of the Court and conclude that the decision is a most welcome development and a progressive step toward the advancement of trademark jurisprudence in Nigeria.
Read here: https://lnkd.in/dwr9-cmf