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Jobela Nig. Enterprises Ltd. vs. Kupolati

JOBELA NIGERIA ENTERPRISES LIMITED

V

TAIWO KUPOLATI ESQUIRE

RENAISSANCE LAW PUBLISHERS LIMITED

NEW CENTURY LAW PUBLISHERS LIMITED

THE REGISTRAR OF TRADE MARKS

FEDERAL HIGH COURT

(HOLDEN AT LAGOS)

M. L. SHUAIBU J.

FHC/L/CS/1106/03

FRIDAY, 8TH APRIL, 2005

INTELLECTUAL PROPERTY - Copyright - Infringement of -  When actionable

INTELLECTUAL PROPERTY - Copyright - Literary work - When eligible for copyright

INTELLECTUAL PROPERTY - Copyright - Non-existing copyright Whether can be protected

INTELLECTUAL PROPERTY - Copyright -  Owner of thereof - Rights of

JURISDICTION - Issue of -  Fundamental nature of - How determined TRADEMARK - Registered trademark - Rights thereby conferred

TRADEMARK - Unregistered trademark - Infringement of - Whether an action can be pursued in respect of

WORDS AND PHRASES - ‘Author’ of a literary work - Who is


Issues:

1.              What is the nature of the plaintiff’s right respecting the subject matter of the suit.

2.              Whether the court has jurisdiction to entertain the action as presently constituted.

Facts:

The 1st - 3rd defendants by a notice of preliminary objection dated 11 th of December, 2003 prayed the Federal High Court, Lagos Division for an order to strike out the plaintiff’s suit for being incompetent and for want of jurisdiction. They also claimed that the plaintiff had no locus in bringing the action and the action was an abuse of court process. The plaintiff had instituted the action suing the 1st to 4th defendants for infringement of an unregistered trademark to Federation Weekly Law Reports, a law report and also for an injunction to protect its legal right in the unpublished volumes of the law report.