About Intellectual Property IP Training Respect for IP IP Outreach IP for… IP and... IP in... Patent & Technology Information Trademark Information Industrial Design Information Geographical Indication Information Plant Variety Information (UPOV) IP Laws, Treaties & Judgements IP Resources IP Reports Patent Protection Trademark Protection Industrial Design Protection Geographical Indication Protection Plant Variety Protection (UPOV) IP Dispute Resolution IP Office Business Solutions Paying for IP Services Negotiation & Decision-Making Development Cooperation Innovation Support Public-Private Partnerships AI Tools & Services The Organization Working with WIPO Accountability Patents Trademarks Industrial Designs Geographical Indications Copyright Trade Secrets WIPO Academy Workshops & Seminars IP Enforcement WIPO ALERT Raising Awareness World IP Day WIPO Magazine Case Studies & Success Stories IP News WIPO Awards Business Universities Indigenous Peoples Judiciaries Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions Economics Gender Equality Global Health Climate Change Competition Policy Sustainable Development Goals Frontier Technologies Mobile Applications Sports Tourism PATENTSCOPE Patent Analytics International Patent Classification ARDI – Research for Innovation ASPI – Specialized Patent Information Global Brand Database Madrid Monitor Article 6ter Express Database Nice Classification Vienna Classification Global Design Database International Designs Bulletin Hague Express Database Locarno Classification Lisbon Express Database Global Brand Database for GIs PLUTO Plant Variety Database GENIE Database WIPO-Administered Treaties WIPO Lex - IP Laws, Treaties & Judgments WIPO Standards IP Statistics WIPO Pearl (Terminology) WIPO Publications Country IP Profiles WIPO Knowledge Center WIPO Technology Trends Global Innovation Index World Intellectual Property Report PCT – The International Patent System ePCT Budapest – The International Microorganism Deposit System Madrid – The International Trademark System eMadrid Article 6ter (armorial bearings, flags, state emblems) Hague – The International Design System eHague Lisbon – The International System of Appellations of Origin and Geographical Indications eLisbon UPOV PRISMA UPOV e-PVP Administration UPOV e-PVP DUS Exchange Mediation Arbitration Expert Determination Domain Name Disputes Centralized Access to Search and Examination (CASE) Digital Access Service (DAS) WIPO Pay Current Account at WIPO WIPO Assemblies Standing Committees Calendar of Meetings WIPO Webcast WIPO Official Documents Development Agenda Technical Assistance IP Training Institutions COVID-19 Support National IP Strategies Policy & Legislative Advice Cooperation Hub Technology and Innovation Support Centers (TISC) Technology Transfer Inventor Assistance Program WIPO GREEN WIPO's Pat-INFORMED Accessible Books Consortium WIPO for Creators WIPO Translate Speech-to-Text Classification Assistant Member States Observers Director General Activities by Unit External Offices Job Vacancies Procurement Results & Budget Financial Reporting Oversight
Arabic English Spanish French Russian Chinese
Laws Treaties Judgments Browse By Jurisdiction

2022 WIPO Intellectual Property Judges Forum

22FORUM023-j

Back

Session 4: Court of Appeal, Ilorin Judicial Division, Nigeria [2015]: Gallaher Ltd. v British American Tobacco (Nig.) Ltd & Ors, 13 NWLR (PART 1476) 325/ (2014) LPELR-24333 (CA)

This is an informal case summary prepared for the purposes of facilitating exchange during the 2022 WIPO IP Judges Forum.

 

Session 4: Provisional Measures in IP Disputes (Part I)

 

Court of Appeal, Ilorin Judicial Division, Nigeria [2015]: Gallaher Ltd. v British American Tobacco (Nig.) Ltd & Ors 13 NWLR (PART 1476) 325/ (2014) LPELR-24333 (CA)

 

Date of judgment: December 19, 2014

Issuing authority: Court of Appeal, Ilorin Judicial Division

Level of the issuing authority: Appellate instance

Subject matter: Enforcement of IP and Related Laws, trademarks

Plaintiff: 1. Gallaher Ltd, 2. Habanera Limited (appellants)

Defendant: 1. British American Tobacco (Nig.) Ltd, 2. Benson & Hedges (Overseas) Ltd, 3. International Tobacco Company Plc (respondents)

Keywords: Provisional measures, ex parte injunction, interim injunction, Anton Piller injunction, equitable remedy

 

Basic facts: The 1st and 2nd Respondents alleged that they have registered as a trademark, the design and color of the packaging in which their Benson & Hedges cigarettes are being sold. The 1st and 2nd Respondents filed a motion ex parte praying the trial court, Federal High Court, Ilorin Division, seeking inter alia orders of interim injunction and Anton Piller order against the 3rd Respondent

 

The trial court granted the orders with some slight variations. After the granting of the ex parte orders, the Appellants applied to be joined as Defendants, and were joined by order of court. Subsequently, the Appellants filed a notice of motion by which they prayed for the discharge of the orders made by the trial court, on the ground that there was presumption of liability for trademark infringement and passing off, and that the description in the decision was judgmental. The trial court dismissed the application in its totality.

 

The following issues were resolved in the appeal:

-       Whether it is correct to define a class or persons being sued in terms presuming their liability for the claims made against them;

-       The grounds on which an ex parte injunction may be discharged;

-       Whether the Respondents failed to disclose any material facts to the court at the time they moved the court ex parte to grant the orders of interim injunction;

-       Whether an Anton Piller Order ought to have been made by the lower court against unidentified persons and premises;

-       Whether the person against whom the trial court made the orders compelling them to disclose certain facts can be rightly compelled to disclose those facts.

 

Held:  The Court of Appeal ordered the ruling of the trial court to be reversed, and the ex parte interim injunction and Anton Piller order to be set aside, for the fact that the 1st and 2nd

Respondents sought and obtained these orders without disclosing material facts to the trial court.