Federal High Court Sitting in Umuahia Abia state, on Thursday, (18th July 2024), delivered judgement in favour of the Plaintiff, Chibueze Ezeike, the CEO, ” Work and chop Multi Ventures Nig. Ltd in a case of infringement on his Trademark (FENI ORIGINAL) by one Chinedu Ezeagu, 1st Defendant, both doing business at Ariaria International Market, Aba.
In her judgement, The presiding Judge, Hon Justice Evelyn Nmasinaulo Anyadike, ruled that it was an aberration for the 1st Defendant Chinedu Ezeagu to tamper with the Trademark of the Plaintiff, “FENI ORIGINAL” belonging to mr Chibueze Ezeike, the CEO Multi Ventures Nig Ltd Aba.
Justice Anyadike who insisted that the Plaintiff has invested heavily in advertisement to market his Trademark, maintaining that it was wrong for the 1st Defendant, Mr Chinedu Ezeagu instead of marketing his own trade mark if any, infringe on the Trademark of the Plaintiff (Feni Original) which deals on all kinds of original Isiagu clothing materials.
She contended that through his actions, the 1st Defendant has contravened relevant sections of the constitution bothering on Trademark, adding that apart from that, the Ist Defendant has also faked the Plaintiff’s products, causing confusion among the customers of the Plaintiff.
Justice Anyadike who 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, said he failed to produce pictorial, video evidences or invoices to back up his claim, describing it as a mere fabrication.
She further referenced that the 2nd Defendant, the establishment incharge of Trade mark denied of not issuing the 1st Defendant, Chinedu Ezeagu any certificate of trade mark dealing on Isiagu with the name “FENI ORIGINAL ” which belong to class 24 and 25
Justice Anyadike further awarded the sum of N10m naira damages to the Plaintiff, Chibueze Ezeike, the CEO “Work and Chop Multi Ventures Nig. Ltd” who is also the bonofy owner of the Trademark (Feni Original) as he was armed by the law to deal on Isiagu clothing materials.
Addressing newsmen shortly after the judgement, the lead counsel to the Plaintiff, Barr. Ebere Uzoatu, who likened the case as that of the biblical David and Goliath, said the war of rule of law is not by fight but by proves and evidence.
He informed that the suit was filed in 2020, saying that the Ist 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 1st Defendant importing same Isiagu apart from Furniture and Bones.
Barr. Uzoatu however told newsmen that instead of the 1st Defendant to concentrate on the terms of his Trademark (PS Feni Authentic) which is Furniture and Bones, he infringed on that of the Plaintiff which saw the court descend heavily on him by imposing N10m fine as punishment.
He commended the presiding Judge, Justice E. N. Anyadike for standing firm on the path of justice.
Responding to the outcome of the judgement, Counsels to the Ist Defendant, Barr. Edwin Okoro and E.N Orjiako Esq, who rejected the judgement, told newsmen that they will immediately appeal the judgement.
Speaking with newsmen, The Plaintiff, Chibueze Ezeike the CEO, Work and Chop Multi Ventures Nig Ltd, whose joy knew no bounds described the judiciary as the last hope of the common man and noted that the 4 years in court has not been easy .
He further lauded the Judge for delivering the judgement without fear or favour while commending his Counsel, Barr. Ebere Uzoatu, for his boldness and legal expertise.
