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ROBERT ASHIE KOTEI VENTURES LTD. v. SADAT CAR ACCESSORIES ENTERPRISE & ANOTHER

2015

COURT OF APPEAL

GHANA

CORAM

  • OFOE, J. A (PRESIDING)
  • ACQUAYE, J.A.
  • TORKORNOO, J. A.

Areas of Law

  • Intellectual Property Law
  • Corporate Law

AI Generated Summary

This case involves a dispute over trademark infringement of the CARRYBOY mark for automobile accessories. The Court of Appeal upheld the High Court's ruling in favor of the Plaintiff, finding that the 2006 registration of the trademark by TRKB Ltd (trading as Robert Ashie Kotei Ventures Ltd) was valid and enforceable. The court rejected the Defendant's arguments about separate legal personality, finding it appropriate to lift the corporate veil given the circumstances. The court also found that the doctrine of exhaustion of rights did not apply as a defense because the Defendant failed to prove the products were put on the market by or with consent of the trademark owner. The case illustrates principles of trademark law, corporate law, and the circumstances under which courts may disregard separate legal personality.

JUDGMENT