Already, the case has been heard twice since 2016. The latest hearing would have been on Friday June 15 being the day Trade Mark Registry was invited by the Court to come for examination but the case was adjourned because of the public holidays to commemorate the 2018 Eid-el-fitr. The Court has set October 24, 2018 as the new date for the hearing on this suite.
Golden Guinea Breweries Plc wants the Federal High Court to declare that as the proprietor of the trademark “Eagle Stout” registered as No. 21153 in class 32 at the Nigerian Trade Marks Registry Abuja, it is entitled to the exclusive use of the mark for the production, sale and distribution of the product in the Nigerian market.
Aside the N10billion general damages being demanded by Golden Guinea Breweries (the plaintiff) from Pabod Breweries (the defendant), the plaintiff is also asking the court to order for aggravated damages in the sum of N10 million as contained in the suit number PHC/PH/CS/647/2016 at the Federal High Court at Port Harcourt.
In the Writ issued by Omolola Aderolu of Johnson Bryant on behalf of Golden Guinea Breweries Plc, it asks the Court to restrain Pabod Breweries whether jointly or severally and all persons on whose behalf the defendant is sued whether by themselves, their director(s), officer(s), servant(s), agent(s) privies or any of them or otherwise howsoever from producing, importing, selling, or offering for sale or supplying products known as “Eagle Stout” pending the hearing and determination of the substantive suit.
Among other demands, Golden Guinea Breweries also asks the Federal High Court to order the destruction of all infringing “Eagle Stout” products, in the possession/custody or control of Pabod Breweries, the sale, distribution.
Golden Guinea is also asking the court to order for the obliteration of all marks upon oath, all containers, cartons, show cards, display matter, signboards, advertisements, circulars, notepapers, business cards, letter-heads, stationery, labels, wrappers, photocopies or other printed materials or other products, papers or marked articles bearing the market/name “Eagle Stout” in the possession/custody or control of Pabod Breweries.
