The Trademark Tribunal domiciled at the Ministry of Industry, Trade and Investment has waded into a trademark crisis between an indigenous firm, Nigrshine Industry Limited and a Chinese firm Aokete Lighting Electronics Industries Limited.
Nigrshine Industry Limited had alleged that Aokete Lighting Electronics Industries Limited obtained a fake trademark which it already possess to import goods into the country.
This trademark issue which has lingered for over six years has resulted in Nigrshine Industry Limited going out of business as Aokete Lighting Electronics Industries Limited allegedly obtained a court order in China restraining Nigrshine Industry Limited from importing goods from the country.
During the hearing at the Tribunal presided over by the Trademark Registrar, Yauri Shafiu Adamu, the complainant and the defendant agreed to embark on settlement after the N100 million settlement was presented by the Defendant (Aokete Lighting Electronics Industries Limited) was rejected by the complainant (Nigrshine Industry Limited).
While interacting with journalists at the end of the hearing, the Legal Representative of the complainant, Chief Femi Falana, SAN, said a foreign company has ruined the business of a Nigerian for six years.
He said his client is alleging that the foreign company has a fake trademark, and the foreign company offered to have the matter resolved amicably.
“Now that I know my colleagues that are involved, we will try and see how this matter can be examined properly in the interest of our country.
“This company behind us has gotten a judgment in China to prevent our client from importing the same product, so it is that company alone now that operates in China and Nigeria”, he said.
Also, the Legal Representative Dr Suleman Usma, SAN to the defendant explained that “at the last adjourned, moves were made for the parties to settle their dispute, and the understanding is that if we are able to settle. The settlement will also affect all other matters even those that are in court, including those ones that are criminal and civil.
“So, they made an offer which we communicated to our client and our client made a counter offer, and that counter offer is not agreeable to them, so settlement is still in progress, we said we will communicate a fresh offer.
“What we will do is that on the next adjournment we will try to make sure that a representative of our client will be able to answer what has been presented, we will make that presentation so that we that are lawyers will do our duties.
“The matter was adjourned to the 4th of March for a possible report of settlement. What that means is that before the 4th of march, we would have continued discussing behind the scene and if we come to an agreement, on that day, we will report that we have settled and the terms of settlement will be filed and then they will be given effect”.