Court Bars Denco Wires, Two Others from Using Havells’ Trademarks

A Federal High Court in Lagos has barred Denco Nigeria Wire and Cable Ltd from further usage of the Trademarks belonging to Havells India Limited; a world renowned electrical and electronics manufacturer and the owner of some prestigious global brands like Havells, Standard, Crabtree, Promptec, Reo and Lloyd.

The presiding judge, Justice A. Lewis Allagoa issued the restraining order while delivering ruling in a motion on notice filed by HAVELLS India Limited against Denco and the Registrar of Trade Marks.

The plaintiff/ applicant in Suit No. FHC/L/CS/1548/2022 , specifically prayed the court for an order of interlocutory injunction restraining the first defendant from further use, importation, commercialization, sale or otherwise dealing in any form of electrical, electronics and allied and cognate goods bearing the trade marks and devices STANDARD, STANGUARD STANDARD, STANGUARD or any other mark confusingly similar to the STANDARD and STANGUARD marks belonging to Havells India Limited pending the determination of the substantive Suit by the Honourable Court.

In the suit filed on August 17, 2022 by Amala Umeike, plaintiff further prayed the court for another order restraining Denco, its directors, employees and their associates from commercialising any product including Distribution Board, switch box with a trade dress similar or identical to the STANDARD trade dress pending the hearing and determination of the substantive suit filed contemporaneously with the application.

However, a certified true copy of the ruling sighted by our Correspondent, showed that the court granted the request of the plaintiff/ applicant after it was convinced that the respondents were served with the motion for interlocutory injunction but failed to file a counter affidavit challenging the averments made by the plaintiff.

Delivering ruling on November 14, 2022, Lewis-Allagoa, held that where facts in an affidavit remain unchallenged and uncontroverted the court is bound to accept them as being established and deemed admitted except where the court itself has doubts about the facts.

“In the instant case, the applicant’s affidavit is unchallenged therefore the court deems the facts therein averred to be true. This being the case, the court hereby use its discretion in favour of the applicant. Consequently, the orders sought are granted as prayed.

The plaintiff had dragged Denco to court for allegedly “selling infringing electrical products with the brand name STANGUARD and the device STANGUARD, which are in complete brand copy of its Trademarks and device.

Plaintiff urged the court to protect its right as well as the lives of millions of Nigerians who may likely make use of the infringing products since the said products did not carry approval of the Standard Organization of Nigeria (SON).

According to plaintiff, if the application is not granted the damages it would do cannot be adequately compensated.

In May 2022, Justice I. N. Oweibo, in Suit No. FHC/L/CS/358/2022, also restrained Ven Chucks Technical Company Limited and Nue Havells Electronic Company Limited “from further use, display, advertising, sale or otherwise dealing in any form of electrical, electronic and allied and cognate goods bearing the trade mark HAVELLS, NUE HAVELLS or any other mark confusingly similar to the HAVELLS mark belonging to Havells India Limited, pending the determination of the substantive Suit.

Commenting on the orders, Umeike, a partner at the commercial Law Firm of Stren & Blan Partners who led the team of Lawyers that successfully represented and obtained the Orders for Havells India Limited, thanked the Nigerian Judiciary for making decisive pronouncements that would assist in curbing IP infringement and counterfeiting in Nigeria.

He further praised Havells India Limited for taking bold actions and maintaining a non-tolerant posture against infringers of its IP rights in Nigeria and urged other well-known brands to take cue from the examples set by Havells India Limited.