The plaintiff instituted an action in the Federal High Court. Enugu against the defendants. The plaintiff’s claim which eventually went on trial is adumbrated in his further amended statement of claim and the claim reads as follows-

The plaintiff, although sued in his personal name he however indicated that he was doing business under the name and style of Sunday Innocent & Co. He claimed to be the registered owner of a registered design No. 4464 in respect of kitchen plastic container (which design was registered on 5th March, 1991) in the name of Sunday Innocent & Co. The grouse of the plaintiff is that he is the proprietor of the registered design No. 4464 in respect of the plastic pomade kitchen container which is a new plastic product in the market and which he is the author. He told the court that he started producing the plastic containers shortly after registration of the design and discovered that barely within two months his right in the design had been infringed. The appellants resisted the respondents’ claim and produced evidence both oral and documentary in line with his further amended statement of defence that the design was not new as it had been produced and marketed since 1987.

The learned trial Judge in a reserved and considered judgment acceded to the request of the plaintiff, finding the defendants liable in damages for infringement of the plaintiff’s copyright in the registered design No. 4464. The defendants were thoroughly unhappy with the decision and appealed severally against the same to this court.