ERIC AMANKWAH v. AHOMKA BEVERAGES LIMITED

RULING

This ruling is in respect of an application filed on behalf of the Plaintiff (hereinafter called the Applicant) praying the Honourable Court for an order of interlocutory injunction restraining the Defendant (hereinafter called the Respondent) whether acting by himself, servants, agents, assigns or whosoever claiming through and from it from doing any or all of the following act(s) that is:

a. Using the Plaintiff’s brand name, Charlie Ginger Liqueur εbetu Spirit Drink or his logo, symbols and/or brand identified that are similar to those of the Plaintiff particularly Charles Wobetu Spirit Drink or εbetu Spirit Drink

b. producing, stocking, distributing, branding or selling any beverage (alcoholic or otherwise) by name Charles Ginger Liqueur Wobetu Spirit Drink’ or any other brand or name that is the same as, confusingly similar to and passes off as Charlie Ginger Liqueur εbetu Spirit Drink, or εbetu Spirit Drink;

c. doing anything that passes off or possibly passes off or confuses the public with regard to the brand, identity, design and looks of its products on the market as though the same belong to the Plaintiff;

d. enabling, assisting, causing, procuring or authorizing others to do any of the acts mentioned in (a), (b) and (c) supra with regard to the brand, logo, identity and appearance of its product as that of the Plaintiff;

e. doing anything that has the tendency of unfairly competing against the Plaintiff, his business, brand or product;

f. a further order compelling the Defendant to remove from the channels of trade, distribution lines, warehouses and lines of business all products misbranded as Charles Ginger Liqueur Wobetu Spirit Drinkor εbetu Spirit Drink as those products breach and their branding breach the laws of Ghana; and

g. a further order authorizing the officials of the Food and Drug Authority and or the Ghana Police Service to seize from all channels of trade, distribution vans and vehicles all products misbranded as Charles Ginger Liqueur Wobetu Spirit Drinkor εbetu Spirit Drink as those products breach and their branding breach the law of Ghana.

The background facts to the application are that on 9th April, 2019, the Applicant caused a writ of summons and statement of claim to be issued against the Respondent herein seeking the reliefs endorsed thereon. Thereafter, the Applicant was granted an Anton Pillar injunction order upon an ex-parte application on 11th April, 2019. Subsequently, the Applicant herein has filed