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Legal News & Articles

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LearningTheLaw > Legal News & Articles (Page 6)

Trademark Infringement in Nigeria: How Courts Assess Confusion, Similarity and Counterfeiting

Walk into a roadside pharmacy in Oshodi and you might find a box labelled "Panadon" sitting next to genuine "Panadol" on the shelf. The packaging uses the same blue-and-white colour scheme. The font is nearly identical. A tired, unwell shopper grabbing medication quickly may not notice the difference. In a market where counterfeit pharmaceuticals have killed people, the question of whether these two marks are confusingly similar is not an abstract legal exercise. It is a public safety question that trademark law must answer. Understanding how Nigerian courts determine whether trademark infringement has occurred, how they assess whether one mark is...

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How to Register a Trademark in Nigeria: Parts A and B of the Register

Imagine you have spent three years building a small pepper sauce brand in Port Harcourt. Your distinctive label, your invented brand name, and the loyal customer base you have cultivated across the Niger Delta represent real commercial value. One morning you discover that a Lagos distributor has started selling a very similar product under a nearly identical name, and is already advertising it to retailers. You want to sue. Then your lawyer asks the single most important procedural question in Nigerian trademark law: is your mark registered? If the answer is no, section 3 of the Trade Marks Act immediately closes...

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POLITICAL DEFECTION AND CONSTITUTIONAL VACUUM-IN1 NIGERIA: A CRITIQUE OF THE UNEQUAL CONSEQUENCES FOR LEGISLATORS AND EXECUTIVE OFFICE HOLDERS

POLITICAL DEFECTION AND CONSTITUTIONAL VACUUM IN NIGERIA: A CRITIQUE OF THE UNEQUAL CONSEQUENCES FOR LEGISLATORS AND EXECUTIVE OFFICE HOLDERS ABSTRACT Political defection has become one of the most visible symptoms of institutional weakness in Nigeria's Fourth Republic. Because the Constitution of the Federal Republic of Nigeria 1999 (as amended) makes party sponsorship a precondition of contesting any elective office, and because the Supreme Court has repeatedly held that the electoral mandate belongs to the political party rather than to the individual candidate, the question of what happens when an office holder abandons the party that sponsored him ought, in principle, to be governed...

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