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

 

Manuel Akinshola
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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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