HAMTA AND SONS LIMITED v. AFUA KONADU & ANOR

In this Ghana High Court ruling, Dr. Richmond Osei-Hwere considered a motion by the Plaintiff (Applicant) to vary prior interlocutory orders in an ongoing trademark dispute over the ‘MINAZEN’ spices mark. The earlier order restrained both the Applicant and the 1st Defendant from using ‘MINAZEN’ to package or sell products pending trial, while allowing the Applicant to sell existing stock subject to Food and Drugs Authority (FDA) approval. The Applicant argued that FDA approval and business hardship warranted variation and claimed a right to use ‘MINAZEN’ until exclusivity is determined. The Respondent opposed, emphasizing that no exclusive trademark right had been acquired. Applying Supreme Court guidance on inherent jurisdiction to vary interim orders, the judge held that FDA product registration is not trademark registration under the Trademarks Act and does not change circumstances regarding rights in ‘MINAZEN’. On hardship, the court had already insulated the Applicant by permitting sale of existing stock. The application to vary was refused; the original orders stand; no costs.