TRADE MARK LAW — Infringement — Registered Trade Mark — Right to Sue
Ratio Decidendi
Per Mukhtar, JSC, in Omnia Nigeria Limited v. Dyktrade Limited (2007) NLC-123-176-2003(SC) at pp. 9–10; Paras D–E:
"The cause of action is the infringement of the plaintiff's registered trade mark and passing off. By virtue of Section 251(1)(f) of the 1999 Constitution of the Federal Republic of Nigeria, the Federal High Court was conferred with exclusive jurisdiction in matters relating to any Federal enactment on copyright patent designs etc."
Explanation / Scope
Explanation/Scope:
This principle establishes that the Federal High Court has exclusive jurisdiction over trade mark infringement and passing off claims. Section 251(1)(f) of the 1999 Constitution confers this jurisdiction. The cause of action arises from infringement of registered trade marks, which are matters of federal enactment. This means such claims cannot be brought in State High Courts. The principle applies to all trade mark disputes. The court must determine jurisdiction based on the nature of the claim as disclosed in the writ and statement of claim. The principle ensures uniformity in trade mark law adjudication.