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
2015
COURT OF APPEAL
GHANA
CORAM
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.
TORKORNOO, J. A:
The Plaintiff/Respondent claimed proprietorship of the trademarkCARRYBOY registered as No. 36592 in Class 12 and in respect of automobiles, automobile hoods, sun-blinds and automobile accessories.
The respondent claimed that the appellant was importing to and selling in Ghana goods identical to its goods and accessories which bore signs or logo identical to its trademark.
It sued the Defendant appellant for violation of rights to exclusive use of the trademark.
According to the respondents case in the high court made out from its pleadings and testimonies, the CARRYBOY trademark was originally registered in July 2000 by Mr. Teeraand Mr. Krieng(hereinafter referred to as Messrs Teera and Krieng) who are President and lawyer respectively of T. R. K. BANGKOG INDUSTRY& EXPORTER COMPANY LIMITED (hereinafter referred to as TRKB Ltd) of Thailand.
The Respondent averred that it had been importing products with the trademark from TRKB Ltd. since 1998.
He had received from the company, exclusive distributorship status for CARRYBOY products in 2000 supported by the issue of a Certificate of Authorization signed by Mr. Teera Then in 2006, TRKB Ltd trading as ROBERT ASHIE KOTEI VENTURES LTD. again registered the trademark.
Apart from this registration, Messrs Teera and Krieng had also given a power of attorney to the Plaintiff to prosecute infringement of this trademark.
It is from this premise that the Respondent sued the Defendant for importing and distributing goods carrying the trademark.
i. An order for perpetual injunction to restrain the Defendant from infringing Plaintiffs registered trade mark No. 36592.
An order for Defendant to produce all documents in respect of good concerning the trade mark imported and sold by the Defendant in Ghana including but not limited to Bill of Laden and Import Declaration Forms (IDF) VAT Receipts Books and sale records.
An order that imported goods bearing the trade mark of the Plaintiff, which have been imported by the Defendant and are yet to be cleared from the Ports be seized by Customs Excise and Preventive Services to prevent same entering into the channels of trade in Ghana and for same to be destroyed or disposed off in a manner that will not cause any harm to the Plaintiff.
An order for the delivery up to the Plaintiff all automobile and automobile accessories bearing the logo and or sign of CARRYBOY used by the Defendant in the course of trade whether in the ports of entry into Ghana or in