…demands for N15m
The Nigeria National Petroleum Corporation retail limited is demanding a N15 million damages for the infringement and passing off its trademark and design from Natural Network Petroleum and Gas Company Limited (NNPG).
In the suit filed at a Federal High Court in Abuja, NNPC counsel, MuyiwaAtoyebi joined Corporate Affairs Commission (CAC) and Registrar of Trade Marks, Patent and Designs as co- defendants to the suit.
NNPC is asking the court to hold that the first defendant ‘NNPG’ mark is phonetically and alphabetically confusingly identical/similar to the NNPC’s trademark, while further asking the court to make an order of perpetual injunction restraining NNPG from selling, offering any service, advertising for sale or promoting howsoever the name and consequently the acronym of NNPG in any of its service outlets, or any similar acronym, mark design and / or trade logo identical or similar to its own.
The NNPC also wants the court to direct the CAC pursuant to Section 31(1) and (4) of the Companies and Allied Matters act, 1990 to remove the NNPG’s name from its record being similar with its registered trademark, NNPC.
It further called on the court to direct the Registrar of Trademarks, Patent and Designs never to accept for registration the word NNPG or any word or colour combination so closely identical or similar to its own.
The plaintiff further wants the court to stop the NNPG from using similar/identical colours/combination of colours to that of the plaintiff as its retail outlets.
In addition, it wants the court to restrain the NNPG from infringing or assisting others to infringe on the plaintiff’s registered trademark, colors/combination of colors, totems, insignia and emblem.
The plaintiff is also asking the court to order NNPG to remove all signposts, names/acronyms with letters NNPG and any such identical/similar design infringing on its trademark with immediate effect.