Eagle Stout is a registered trademark that rightfully belongs to Golden Guinea Breweries Plc, Umuahia, Abia State, hereinafter referred to as the Plaintiff. The Federal High Court sitting in Port Harcourt has ordered the defendants, International Breweries Plc and Anheuser Busch InBev (AB InBev), to cease infringing upon and interfering with this trademark.
The Nigerian Trade Mark Registry in Abuja issued a judgement order on March 6, 2024, regarding suit No. FHC/PH/CS/647/2016. The judge stated that the plaintiff, being the owner of the trademark “Eagle Stout,” registered as No. 21153 in class 32, is entitled to the exclusive use of the mark for the production, sale, and distribution of the product in the Nigerian market.
The plaintiff’s trademark, “Eagle Stout,” is registered as No. 21153 in class 32 at the Nigerian Trade Mark Registry. The defendants and anyone acting on their behalf, including themselves, their directors, officers, servants, agents, privies, and any other person, are prohibited from infringing on this mark by the court’s perpetual injunction.
“Passing of or attempting to pass of or causing, enabling or assisting others to pass of “Eagle Stout” and for the plaintiff’s Eagle Stout products by adopting the distinctive words “Eagle Stout” on the packets, packages or bottles of the said product falsely claiming the same to be the product of the plaintiff,” it stated.
Considering the evidence presented in court, the judge argued that: “it is my considered opinion that the Defendants’ counter-claim is lacking in merit, thus the Defendants cannot be adjudged to be entitled to their reliefs as contained in the counter-claim, same is hereby dismissed
Additionally, the court ordered the obliteration of all marks upon oath, containers, cartons, show cards, display materials, signboards, advertisements, circulars, notepapers, business cards, Letter-heads, stationery, labels, wrappers, photocopies, or other printed materials or other products, papers, or marked articles bearing the mark/name “Eagle Stout” in the possession/custody or control of the Defendants.
The sale, distribution, and use of any of the infringing “Eagle Stout” products in the Defendants’ possession, custody, or control would be a violation of the injunction requested by the Plaintiff, BrandSpur national news reports.
At last, the court issued an order to enquire into, or account for, the portion of the defendants’ joint and several profits to which the plaintiff is entitled, and to pay all amounts discovered to be due during that inquiry or account. The plaintiff was also awarded N10 billion in general damages and N5 million in additional costs.
