The Federal High Court sitting in Port Harcourt has ordered the International Breweries Plc and Anheuser Busch InBev (AB InBev) as the defendants to stop infringing and interfering on the registered trademark of Eagle Stout rightly belonging to Golden Guinea Breweries Plc, Umuahia, Abia State hereinafter referred to as the Plaintiff.
In the judgment order on suit No: FHC/PH/CS/647/2016 delivered on the 6th day of March, 2024 before His Lordship, Hon. Justice Stephen Dalyop Pam, the court ordered that the plaintiff as the proprietor of the trade mark “Eagle Stout” registered as No. 21153 in class 32 at the Nigerian Trade Mark Registry Abuja, is entitled to the exclusive use of the mark for the production, sale and distribution of the product in the Nigerian market.
The court also ordered a perpetual injunction restraining the defendants and each of those on whose behalf it is used, whether by themselves, their directors, officers, servants, agents or privies or any of them or otherwise whosoever from; infringing the plaintiff’s trade mark registered as ”Eagle Stout” as No. 21153 in class 32 at the Nigerian Trade Mark Registry.
“Passing of or attempting to pass of or causing, enabling or assisting others to pass of “Eagle Stout” and for the plaintiff’s Eagle Stout products by adopting the distinctive words “Eagle Stout” on the packets, packages or bottles of the said product falsely claiming the same to be the product of the plaintiff.”
The judge contended that following the evidence before the court, “it is my considered opinion that the Defendants’ counter-claim is lacking in merit, thus the Defendants cannot be adjudged to be entitled to their reliefs as contained in the counter-claim, same is hereby dismissed.”
The court further ordered the destruction of all infringing “Eagle Stout” product in the possession/custody or control of the Defendants, the sale, distribution, and use of which would be a breach of the injunction prayed for by the Plaintiff.
Furthermore, the court ordered the obliteration of all marks upon oath, all containers, cartons, show cards, display materials, signboards, advertisements, circulars, notepapers, business cards, Letter-heads, stationery, labels, wrappers, photocopies or other printed materials or other products, papers or marked articles bearing the mark/name “Eagle Stout” in the possession/custody or control of the Defendants.
The court finally made an order to inquiry or at the Plaintiff’s option an account of that part of the joint and several profits of the Defendants to which the Plaintiff is entitled and payment of all sums found due upon taking such inquiry or account, and awarded a general damages in the sum of N10 billion and another cost in the sum of N5 million only in favour of the Plaintiff.
