SADHNA IMPEX LIMITED VS SIMATER COMPANY LIMITED
2018
HIGH COURT
GHANA
CORAM
- JUSTICE DOREEN G. BOAKYE-AGYEI, J (MRS.)
Areas of Law
- Intellectual Property Law
- Civil Procedure
- Evidence Law
- Commercial Law
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
At the Ghana High Court, Justice Doreen G. Boakye-Agyei considered an application by a Ghana-registered importer and sole distributor of BAHCO Sandflex hand hacksaw blades manufactured by SNA Europe Group, seeking interim orders for delivery-up and seizure of counterfeit blades allegedly sold by a general trading company. The Applicant had already filed a writ seeking damages, injunctions, destruction, police-assisted seizure, costs, and other orders. The Respondent filed two affidavits in opposition, despite leave for only a supplementary filing, and the court observed that only one could remain. Relying on Order 63 of C.I. 47 and Section 8 of Act 589, and evidence principles, the court indicated that interim measures should issue to preserve evidence, prevent unfair competition, protect goodwill, and allow inspection to verify stock claims, rejecting arguments about other merchants.
The Applicant is a company registered under the laws of Ghana, engaged in the importation, distribution and sales of various products in Ghana and also the sole distributer in Ghana of BAHCO Sandflex Hand Hacksaw blades produced bySNA Europe Group while the Defendant is a company engaged in the general trading business.
In 2016, the Applicant noticed a reduction in sales regarding the BAHCOSandflex Hand Hacksaw blades and proceeded to investigate the cause of the reduction.
After investigations, the Applicant found out that the Respondent was selling fake BAHCO Sandflex Hank Hacksaw blades in the Ghanaian market.
The Applicant thus decided to take legal action by causing a Writ of Summons and accompanying Statement of Claim to be issued against the Respondent from the registry of this Honourable Court on the 14th day of June 2017 for the following reliefs: a. General damages for infringement of Plaintiff’s license b. Punitive damages for passing off hand hacksaw blades not of the Plaintiff’s as that of the Plaintiff by the use of the label and name ‘Bahco Sandflex’ as well as Plaintiff’s logo and the similarity in packaging.
c. An order of perpetual injunction to restrain the Defendant, their agents and assigns, however described from passing off or causing and enabling others to pass off hand hacksaw blades not the product of the Plaintiff as that the Plaintiff.
d. An order for the delivery up and destruction of all hand hacksaw blades, the packaging and materials used by the Defendant bearing the mark ‘Bahco Sandflex’ or the get up of Plaintiff’s product in the possession, custody or control of the Defendant into the Plaintiff’s possession, pending the final determination of the suit.
e. An order authorizing the Police to enter into any and all the Defendant’s shops, outlets and warehouses, especially the shop at Derby Avenue, Accra and seize all hand hacksaw blades bearing the mark ‘Bahco Sandflex’ orthe get up similar to that of the Plaintiff’s products.
f. Costs g. Any further or other orders of the Court On 28th June 2017, the Applicant applied to this Honourable Court for interim orders for the delivery-up and seizure of all infringing hand hacksaw blades bearing the name and mark of “BAHCO” and “Sandflex” in the possession of the Respondent.
The Respondent, on 26th July 2017 filed an affidavit in opposition and later filed another affidavit in opposition of 24th November 2017. The first irregularity identified is the fact that there are cur