UNIVERSAL MERCHANT BANK LTD. v. FBN GHANA LTD. GRAPHIC COMMUNICATION GROUP LTD.

TANKO AMADU J. A

(1) This interlocutory appeal is taken from the ruling of the High Court(Commercial Division) Accra, dated 27th November, 2014.

For better appreciation, it is important to set out the background facts to this appeal and in particular, the reliefs sought by both parties to this appeal at the Trial High Court.

1. On 20/10/2014, Plaintiff/Appellant (hereinafter referred to as “the Appellant” caused to be issued a writ of summons against the Defendant/Respondent (hereinafter referred to as “The Respondent” for the following reliefs: -“A declaration that confusion will be caused and the general public will be misled with respect to the Plaintiff’s activities by the Defendants in any way using, printing or publishing the tag line“You First” and as such the Plaintiff has suffered damages to its hard earned goodwill and reputation and Defendants are in breach of Sections 1, 2 and 3 of the Protection Against Unfair Competition Act 2000, (Act 589): (ii) An order of interim injunction pursuant to Section 8(1) of the Protection Against Unfair Competition Act, 2000 (Act 589)restraining the Defendants, their servants, privies, agents assigns etc from in any way using printing and or publishing the Plaintiff’s corporate tag line “You First” pending the final determination of this suit.

iv) Costs and such further order and orders as the Honourable Court may deem fit.

1. Before the Respondent entered appearance to the writ, the Appellant by motion ex-parte filed on 23/10/2014 brought pursuant to Order 25 Rule 7 of the High Court (Civil Procedure) Rules C. I. 47 and Section 8(1)(b) of the Protection Against Unfair Competition Act (Act 589) as well as the inherent jurisdiction of the court, procured an interim order of injunction for a period of ten (10) days which restrained the Respondent its agents, servants, privies, assigns etc.

2. On 5/11/2014, the Respondent filed a defence to the Appellant’s action and set up a counterclaim where it seeks the following reliefs: -“(a) A declaration that on the facts of this case and on the basis of the Trade Marks Act, 2004 (Act 664) the 1st Defendant bank is the only institution that has the exclusive right to use “You First” as its tag line in Ghana, and that it has not infringed any mark belonging to the Plaintiff.

b) An order of perpetual injunction restraining the Plaintiff, its servants, privies, agents and assigns from further using the“You First” in any of its business activities.

c) A further declarat