Whether the conditions a proprietor of trademark is to satisfy in an action on infringement are in the alternative  

 

Manuel Akinshola
Joined: 2 years ago
Posts: 183
19/04/2018 11:01 am  

Whether the conditions a proprietor of trademark is to satisfy in an action on infringement are in the alternative

"Once a proprietor of Trade mark raises infringement the two conditions to satisfy are in the alternative.

It is either the mark is identical or the resemblance can cause confusion, where both exist it is still infringement.

However it is not mandatory that both conditions will exist to constitute infringement"

 

Per NWODO, J.C.A. in VIRGIN ENT. LTD. v. MOHAMMED (2009) 12 NWLR (Pt. 1151) 136 C.A.


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