After four years of awaiting judgement, the Federal High Court in Umuahia on Thursday delivered judgement in favour of Feni Original Trademark.
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The case hinged on infringement of Trademark of the Plaintiff, Chibueze Ezeike by one Chinedu Ezeagu 1st Defendant, both doing business at Ariaria International Market, Aba.
Delivering the judgement on Thursday, The presiding Judge, Justice Evelyn Nmasinaulo Anyadike, ruled that it was wrong for the 1st Defendant to tamper with the Trademark of the Plaintiff not minding that he had his own Trademark duly acquired as that of the Plaintiff.
The Judge pointed out that the Plaintiff has put in huge resources on advertisement to market his Trademark, insisting that it was an aberration for the 1st Defendant instead of marketing his own Trademark (PS Feni Authentic) to infringe on the Trademark of the Plaintiff (Feni Original) which deals on Isiagu clothing materials.
He maintained that the 1st Defendant’s actions is a negation of relevant sections of the constitution bothering on Trademark, stressing that aside that, the Defendant has also faked the Plaintiff’s products, caused confusion among the customers of the Plaintiff.
Justice Anyadike, however, dismissed the counter claim filed by the Ist Defendant, which alleged that the Plaintiff arrested him with members of the Army, DSS, Police among others. he said he failed to produce pictorial, video evidences or invoices to back up his claim, describing it as a mere fabrication.
He awarded the sum of N10m damages to the Plaintiff, Chibueze Ezeike, the owner of the Trademark (Feni Original) and who was armed by the law to deal on Isiagu clothing materials while warning the 1st Defendant never to deal in the same product as to the Plaintiff.
Speaking with journalists after the judgement, Counsel to the Plaintiff, Barr. Ebere Uzoatu, described the case as that of David and Goliath, adding that the war of rule of law is not by fight but by evidence.
He informed that the suit was filed in 2020, saying that the 1st Defendant infringed on the registered Trademark of the Plaintiff without any certification while the 2nd Defendant also attested that he knew of the Plaintiff and his Trademark (Isiagu clothing) but did not know that of the Mr Chinedu Ezeagu importing same Isiagu apart from Furniture and Bones.
He lauded the presiding Judge, Honourable Justice Evelyn Nmasinaulo Anyadike for her erudition and for standing firm on the path of justice.
Responding to the outcome of the judgement, Counsels to the both Defendants Barr. Edwin Okoro and Barr. Orji Ako, who rejected the judgement, told newsmen that they will immediately appeal the judgement.
On his own part, The Plaintiff, Chibueze Ezeike who described judiciary as the last hope of the common man, said the 4 years in court has not been easy . He lauded the Judge for delivering the judgement without fear or favour while commending his Counsel, Barr. Ebere Uzoatu, for his boldness and legal expertise.
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