A Nigerian-based South African herbal drinks producer, Jigsimur Plus Nigeria Limited, has sued its rival, Cleansimur International Limited, for N100.2 bn over alleged imitation and piracy of its registered herbal health drink, Jigsimur Plus Health Drink.
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The suit, marked, FHC/L/SC/1953/25, was filed at the Federal High Court in Lagos on behalf of the plaintiff by its counsel, Ifeanyi Ejiofor, KSC, of I.C. Ejiofor (Ugochinyere Law Firm).
Jigsimur Plus Nigeria Limited, a subsidiary of JIGSIMUR SA ORIGINAL (PTY) LTD of South Africa, claims to be the exclusive producer of the Jigsimur SA Original-Y61977 herbal product.
In the writ of summons, the claimant is seeking N100bn as general, exemplary, and aggravated damages for the alleged infringement, saying the imitation caused financial losses, market disruption, reputational damage, and customer diversion.
It is also demanding N200m, as special damages for professional legal fees, security expenses, investigations, and administrative costs incurred in prosecuting the case and mitigating the alleged unlawful acts.
The plaintiff asked the court to award post-judgment interest at 10 percent per annum on all sums until final payment and to make any other order deemed just and equitable.
In its statement of claim, Jigsimur urged the court to direct key regulatory agencies including the National Agency for Food and Drug Administration and Control, the Standards Organisation of Nigeria, and the Federal Ministry of Industry, Trade and Investment to seize, confiscate, and destroy all infringing products, bottles, labels, and promotional materials linked to Cleansimur.
The plaintiff also seeks a declaration that the defendant’s continued sale and promotion of a product branded “Cleansimur Gesondheidsdrankie Health Drinks”, bearing the inscription “Cleansimur by Jigsimur S.A.”, constitutes a gross violation of its statutory rights, including its registered patents and exclusive distributorship in Nigeria.
It added that Cleansimur’s use of the disputed label and bottle design amounts to unfair competition, unlawful misrepresentation, and injurious falsehood, urging the court to issue a perpetual injunction restraining Cleansimur, its agents, and distributors from further infringement or passing off counterfeit products.
In an affidavit supporting the suit, Jigsimur attached documents showing its recognition by regulatory authorities, including its SAHPRA licence, certificate from the South African Pharmaceutical Council, NAFDAC registration certificate, and design registration for its 750ml and 250ml bottles.
The affidavit also contained a witness statement on oath from Mr. Chijioke Ezeli, who is expected to testify at trial.
Speaking after filing the suit, Ejiofor described the case as a trademark infringement action that demonstrates Jigsimur’s determination to protect its intellectual and industrial property rights as well as its brand integrity.
He said, “This lawsuit is a strong message to counterfeiters, impostors, and fraudulent operators exploiting consumer trust in Nigeria’s herbal health market.”
Ejiofor added that the suit has been filed at the court registry and is awaiting assignment to a trial judge, expressing optimism that hearing will commence soon.
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