Wale Igbintade and Kasim Sumaina in Abuja
The Federal High Court sitting in Abuja has cancelled the registration and unauthorised use of Sanofi trade mark by three Nigerian companies, and ordered them to pay damages.
The presiding judge, Justice James Omotosho delivered the judgement in a suit filed by a French multinational pharmaceutical and healthcare company, Sanofi S.A. headquartered in Paris.
Omotosho held that the use of Sanofi trademark by three Nigerian companies – Sanofi Integrated Services Limited, Sanofi Nigeria Enterprises Limited and Sanofi Nigerian Enterprise – was illegal.
The court also awarded damages against the companies for unlawfully interfering with the use of the firm’s trademark.
Sanofi S.A. had petitioned the Nigerian Company Registry, Corporate Affairs Commission (CAC) in 2019, demanding that the three Nigerian entities should voluntarily change their company names.
Consequently, CAC granted the request and ordered Sanofi Integrated Services Limited, Sanofi Nigeria Enterprises Limited and Sanofi Nigerian Enterprise to voluntarily change their names as the use of the well-known registered trade mark Sanofi as part of the company names infringes the trade mark rights of the pharmaceutical company, but they refused.
In the absence of a response from the three Nigerian companies, Sanofi S.A. promptly initiated legal proceedings before the Federal High Court to safeguard their rights.
Omotosho, after carefully considering all the evidence presented by the Plaintiff, confirmed the earlier decision of CAC and ruled decisively in favour of SANOFI S.A.
The court awarded damages as well as granted injunctions against the infringing Business entities, Sanofi Integrated Service Limited, Sanofi Nigeria Enterprises Limited and Sanofi Nigerian Enterprise.
This decision is of importance, particularly to well-known international brands, as the Court also directed the Corporate Affairs Commission (CAC) to cancel/withdraw the registration of the infringing Business entities from its Registers if they failed to comply with the order of the Court within two weeks from the date of the judgment.
It also sets a precedent for an Applicant to pray for the deregistration of a Business Entity whose name has been found to be infringing.
The landmark decision also serves as a significant milestone for Sanofi S.A. in safeguarding its intellectual property rights in the Nigerian market.
Sanofi S.A. in a statement stated that the company will continue to vigorously protect its brand, maintaining the highest standards in the pharmaceutical industry, and its strict charge on the safety of its patients.
“Sanofi S.A. has a zero-tolerance approach to trade mark counterfeiting. It is anticipated that the decision will deter third parties from using established trademarks as part of their company names.
Sanofi S.A. was represented by the Stren & Blan Partners team consisting of Amala Umeike, Chiemeka Ohajionu and Emmanuel Ughanze (instructed by IPvocate Africa).
