A Federal High Court Sitting in Umuahia, the State Capital, on Thursday, delivered judgement in favour of the Plaintiff, Chinedu Ezeogwu in a case of infringement on his Trademark by one Chibueze Ezeike 1st Defendant, both doing business at Ariaria International Market, Aba.
In her judgement, The presiding Judge, Justice Evelyn Nmasinachi Anyadike, ruled that it was an aberration for the 1st Defendant to tamper with the Trademark of the Plaintiff whereas he had his own Trademark duly acquired as that of the Plaintiff.
Justice Anyadike insisted that the Plaintiff has invested heavily in advertisement to market his Trademark, maintaining that it was wrong for the 1st Defendant instead of marketing his own Trademark (PS Feni Authentic) to infringe on the Trademark of the Plaintiff (Feni Original) which deals on Isiagu clothing materials.
She contended that through his actions, the 1st Defendant has contravened relevant sections of the constitution bothering on Trademark, adding that apart from that, the Ist Defendant has also faked the Plaintiff’s products, caused confusion among the customers of the Plaintiff.
Justice Anyadike dismissed the counter claim filed by the Ist Defendant, which alleged that the Plaintiff arrested him with members of the Army, DSS, Police among others, saying he failed to produce pictorial, video evidences or invoices to back up his claim, describing it as a mere fabrication.
Justice Anyadike awarded the sum of N10m damages to the Plaintiff, Chinedu Ezeogwu, the owner of the Trademark (Feni Original) and who was armed by the law to deal on Isiagu clothing materials.
Addressing newsmen after the judgement, Counsel to the Plaintiff, Barr. Ebere Uzoatu, who described the case as that of David and Goliath, said the war of rule of law is not by fight but by evidence.
He informed that the suit was filed in 2020, saying that the Ist Defendant infringed on the registered Trademark of the Plaintiff without any certification while the 2nd Defendant also attested that he knew of the Plaintiff and his Trademark (Isiagu clothing) but did not know that of the 1st Defendant importing same Isiagu apart from Furniture and Bones.
Barr. Uzoatu told newsmen that instead of the 1st Defendant to concentrate on the terms of his Trademark (PS Feni Authentic) which is Furniture and Bones, he infringed on that of the Plaintiff which saw the court descend heavily on him by imposing N10m fine as punishment.
He commended the presiding Judge, Justice Evelyn Nmasinachi Anyadike for her erudition and for standing firm on the path of justice.
Responding to the outcome of the judgement, Counsels to the Ist and 2nd Defendants: Barr. Edwin Okoro and Barr. Orji Ako, told newsmen that they will immediately appeal the judgement.
Meanwhile, speaking with newsmen, The Plaintiff, Chinedu Ezeogwu who was relieved after the judgement, said these 4 years in court has not been easy on him. He lauded the Judge for delivering the judgement without fear or favour just as he commended his Counsel Barr. Ebere Uzoatu, for his boldness despite coming up against two of his colleagues.
