Ayoyemi Lawal-Arowolo, ‘Ferodo Limited and Ferodo Nigeria Limited v. Ibeto Industries Limited:

Ayoyemi Lawal-Arowolo, ‘Ferodo Limited and Ferodo Nigeria Limited v. Ibeto Industries Limited:

Author by Dr. Ayoyemi Arowolo

Language: English

Abstract

The times we are in appear not to be adequately provided for in the Trade Marks Act of Nigeria. Marks which should ordinarily be protected are not accorded such rights or privileges. The attempt such as the Draft Industrial Property Law to address the inadequacies of the existing law has not been fruitful. The draft law sought to improve or update the rights of trade mark owners against infringement and extend protection to shapes and packaging of goods amongst other provisions relating to trade marks law. The interpretation of the 1965 Trade Marks Act by judges in Trebor Nigeria Ltd v Associated Industries Ltd revealed that the Act does not give recognition to packaging as a trade mark device. Nonetheless, the packaging of goods as indicia for distinctiveness has become an essential requirement in trade mark protection. This paper critically reviews the case of FERODO LIMITED AND FERODO NIGERIA LIMITED v. IBETO INDUSTRIES LIMITED as it relates to the recognition of packaging in Trade Marks Law in Nigeria.


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