Image Credit: Nigerian Law Intellectual Property Watch (NLIPW)

Judges are talking:

“…In the law of trade marks, the element of distinctiveness comes before that of passing off in the way the number 1 comes before the number 2. In other words, the plaintiff must first prove the satisfaction of the court that the trade mark has a distinctive character or nature, before he can prove the movement of the trade mark of the defendant in business circles by way of passing off.”…Dahiru Musdapher, J.S.C.

Ferodo Ltd. and Ferodo Nigeria Ltd. v. Ibeto Industries Ltd. (2004)
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About Ufuoma Akpotaire 310 Articles
Ufuoma is a Senior Editor and Director of Regulatory Policy at NLIPW. She assists clients in the protection of copyrights, trademarks and patents. She counsels clients regarding validity and infringement matters and has experience acting against the infringement of IP and addressing counterfeit issues. She holds a Masters degree (LL.M.) from Columbia Law School, New York and a law degree from the University of Nigeria (LL.B. Honors). She is admitted to practice law in Nigeria and in the State of New York. Ufuoma cut her teeth in the intellectual property practice groups of some of the largest law firms in Nigeria and has years of experience working with major non-profit organizations in New York. Email: uakpotaire@nlipw.com