The Federal High Court sitting in Port Harcourt has ordered the International Breweries Plc and Anheuser Busch InBev (AB InBev) as the defendants to stop infringing and interfering on the registered trademark of Eagle Stout rightly belonging to Golden Guinea Breweries Plc, Umuahia, Abia State hereinafter referred to as the Plaintiff.
In the judgement order on suit No: FHC/PH/CS/647/2016 delivered on the 6th day of March, 2024 before His Lordship, Hon. Justice Stephen Dalyop Pam, the court ordered that the plaintiff as the proprietor of the trade mark "Eagle Stout" registered as No. 21153 in class 32 at the Nigerian Trade Mark Registry Abuja, is entitled to the exclusive use of the mark for the production, sale and distribution of the product in the Nigerian market.
The court also ordered a perpetual injunction restraining the defendants and each of those on whose behalf it is used, whether by themselves, their directors, officers, servants, agents or privies or any of them or otherwise whosoever from; infringing the plaintiff's trade mark registered as ''Eagle Stout'' as No. 21153 in class 32 at the Nigerian Trade Mark Registry.
"Passing of or attempting to pass of or causing, enabling or assisting others to pass of "Eagle Stout" and for the plaintiff's Eagle Stout products by adopting the distinctive words "Eagle Stout" on the packets, packages or bottles of the said product falsely claiming the same to be the product of the plaintiff."
The judge contended that following the evidence before the court, "it is my considered opinion that the Defendants' counter-claim is lacking in merit, thus the Defendants cannot be adjudged to be entitled to their reliefs as contained in the counter-claim, same is hereby dismissed."
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