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Daily-Need Pharm. Ind. V. Daily-Needs Ind. (1997) CLR 3 (j) (CA)

Brief

  • Tradenames and Trade marks
  • Damages

Facts

The plaintiff's claim as per their amended statement of claim at the Federal High Court, Lagos is as follows:

  • 1
    "Declaration that the plaintiff is the Company properly registered and entitled to use the name DAILY NEED PHARMACEUTICAL INDUSTRIES LTD. R.C. 8567.
  • 2
    An order that the words "DAILY NEEDS" be deleted and/or removed from the 1st defendant's name from the register of Companies.
  • 3
    "An order directing the 2nd defendant to rectify its register of companies by removing the words "DAILY NEEDS" from the name of the 1st defendant from the said register.
  • 4
    N150,000.00 being general damages against the defendants jointly and severally for loss of business and injuries suffered by the plaintiffs as a result of the act of omission or commission of the defendants.
  • 5
    Injunction restraining the 1st defendant, its servants privies and/or agents from carrying on business under the name "DAILY NEEDS"

The plaintiff i.e. DAILY NEED PHARMACETICAL INDUSTRIES LTD was registered with the Registrar of Companies on 2nd 1971 while the 1st defendant i.e. Daily Needs Industries (Nig.) ltd. was registered on 30th October 1974. The plaintiff's main complaint was that the word "DAILY needs" is identical with plaintiff’s registered name or so nearly resembles the same as to be calculated to deceive or confuse the public as well as plaintiff's customers.

At the hearing of the case the plaintiff called three witnesses. The 1st defendant called two witnesses. While the 2nd defendant called one witness. After considering the evidence adduced and the submissions of counsel, the learned trial Judge in his judgement dismissed the claim.

The appellant, dissatisfied with the judgement appealed to the Court of...

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