LEGAL PRINCIPLE: JURISDICTION — Federal High Court — Passing-off — Unregistered Trade Mark — Federal High Court has no jurisdiction over passing-off claim arising from unregistered trade mark
PRINCIPLE STATEMENT
For the Federal High Court to have jurisdiction over a passing-off claim arising from infringement of a trade mark, the trade mark must be registered. A passing-off right of action arising from common law does not fall under Federal High Court jurisdiction.
RATIO DECIDENDI (SOURCE)
Per Kalgo, JSC, in Ayman Enterprises Limited v. Akuma Industries Limited (2003) NLC-1161999(SC) at pp. 15–18; Paras C–A.
"For the Federal High Court to have jurisdiction for the passing-off claims, arising from infringement of a trade mark, the trade mark allegedly infringed must have been registered. ... The passing-off right of action did not arise from the infringement of any Federal enactment and so may only be a common law right. Therefore the Federal High Court, would not have any jurisdiction under section 230(1)(f) of the 1979 Constitution or S.7(1)(c)(ii) of the Federal High Court Act, 1973 to entertain the passing-off action instituted by the appellant in the instant case."
EXPLANATION / SCOPE
Federal High Court jurisdiction over passing-off requires a registered trade mark. Common law passing-off claims are within State High Court jurisdiction. The principle applies to intellectual property law. The rule ensures proper allocation of jurisdiction. The court will strike out claims without jurisdiction. The principle is well-established.