NUTRIFOODS GHANA LTD. v TWELLIUM INDUSTRIES LTD.

This High Court decision by Justice Kwasi Adjenim-Boateng concerns a claim of unfair competition under Ghanas Protection Against Unfair Competition Act, 2000 (Act 589). The plaintiff, a Ghanaian food manufacturer of ROYAL KING CRACKER biscuits since 2014, alleged that Twellium Industrial Company Ltd.s ALPHA CRACKER biscuits launched in October 2022 used a colourable imitation of the plaintiffs red GET-UP, causing confusion and damaging goodwill. The plaintiff sought declaratory and injunctive reliefs, delivery up for destruction, damages, and costs. The defendant denied similarity, highlighted distinctive features (name, logos, colour shades, size, ingredient and origin markings, four perforated crackers, blue-yellow strand, McBerry branding), and produced market examples of other red-packaged crackers. Applying the burden and standard of proof and the likelihood-of-confusion test, the court held the plaintiff failed to prove confusion or goodwill damage, notably by not calling suppliers or customers who supposedly reported confusion. Comparing exhibits, the court found the products distinct, dismissed the claims, and awarded costs of GHC 100,000 to the defendant.