OM SATNAM LTD v. EBENEZER APPIAH & ANOR
2018
HIGH COURT
GHANA
CORAM
- JENNIFER DODOO (MRS) JUSTICE OF THE HIGH COURT
Areas of Law
- Intellectual Property Law
- Civil Procedure
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
This case involved a dispute over the alleged infringement of a registered industrial design for insect repellent/air fresheners. The High Court of Ghana found that the defendants had infringed the plaintiff's design by importing and selling substantially similar products without consent. The court awarded damages to the plaintiff, including profits from the infringing sales, general damages for the infringement, and costs. The case highlights the protection afforded to registered industrial designs, the requirements for proving infringement, and the distinction between special and general damages in intellectual property cases. It also emphasizes the importance of proper evidence and pleadings in civil litigation.
JUDGMENT
The Plaintiff, a limited liability company incorporated in Ghana stated that it was the registered proprietor of Industrial Design Number AP/D/00149 which it used for the manufacture of insect repellant/air fresheners.
It was its case that this registration had been valid and subsisting since 2008. It was also Plaintiff’s case that it had since 2007 manufactured and distributed/sold large quantities of insect repellants/air fresheners and therefore the product had become well known in Ghana.
The Plaintiff averred that the Defendant trading under the names and styles Ansun Trading Enterprise and Appeb Trading Enterprise had infringed the Plaintiff’s Industrial Design No. AP/D/00149. It particularized the infringement by accusing the Defendants of causing insect repellant/air fresheners to be manufactured in the Plaintiff’s registered design without its consent. In doing so, the Plaintiff contended that Defendant had caused it to suffer loss and damage. As a result, the Plaintiff claimed against the Defendant the following reliefs:
i. A Declaration that the Defendant has infringed the Plaintiff’s Industrial Design No. AP/D/00149
ii. An injunction restraining the Defendant whether by himself, his servants or agents or any of them or otherwise from howsoever from doing the following acts that is to say infringing the Plaintiff’s Industrial Design no. AP/D/00149 by using or causing same to be used to manufacture and import for marketing, distribution and sale in Ghana, air freshener and insect repellant products or any other products.
iii. An order directing the Defendant trading respectively as ANSUN TRADING ENTERPRISE and APPEB TRADING ENTERPRISE to deliver up to the Plaintiff or to any person or entity as the Court may direct, all of the infringing goods in the possession, custody, and control of the Defendant trading respectively as ANSUN TRADING ENTERPRISE and APPEB TRADING ENTERPRISE.
iv. An order as to directions for the disposal of the said infringing goods by destruction.
v. An inquiry as to the damages sustained by the Plaintiff OR IN THE ALTERNATIVE an account of that part of the profits obtained by the Defendant trading respectively as ANSUN TRADING ENTERPRISE and APPEB TRADING ENTERPRISE to which the Plaintiff is entitled.
vi. An order for the payment by the Defendant trading respectively as ANSUN TRADING ENTERPRISE and APPEB TRADING ENTERPRISE of all sums found due to the Plaintiff upon taking such inquiry or account, together wi