Court Orders International Breweries To Pay N10Bn In Damages For Trademark Infringement

Federal High Court Orders International Breweries and AB InBev to Cease Trademark Infringement

A recent judgment from the Federal High Court in Port Harcourt has ruled in favor of Golden Guinea Breweries. The court has ordered International Breweries Plc and Anheuser Busch InBev (AB InBev) to stop infringing on the registered trademark of Eagle Stout, which rightfully belongs to Golden Guinea Breweries Plc in Umuahia, Abia State.

In suit No: FHC/PH/CS/647/2016, delivered on March 6, 2024, Hon. Justice Stephen Dalyop Pam ruled that Golden Guinea Breweries, as the owner of the registered trademark Eagle Stout (No. 21153 in class 32 at the Nigerian Trade Mark Registry Abuja), is entitled to the exclusive use of the mark for the production, sale, and distribution of the product in the Nigerian market.

The court issued a perpetual injunction, forbidding the defendants, their directors, officers, servants, agents, or anyone else acting on their behalf, from infringing on Golden Guinea Breweries’ trademark. This includes any attempt to pass off Eagle Stout products by using the distinctive words “Eagle Stout” on packets, packages, or bottles, falsely claiming to be the product of the plaintiff.

Additionally, the court ordered the destruction of all infringing Eagle Stout products in the possession, custody, or control of the defendants. Any sale, distribution, or use of these products would be considered a breach of the injunction sought by Golden Guinea Breweries. The court also mandated the obliteration of all marks and names related to Eagle Stout on various materials possessed by the defendants, such as containers, cartons, show cards, advertisements, and more.

The court dismissed the counter-claim from the defendants as lacking in merit. Furthermore, an inquiry into the joint profits of the defendants, which the plaintiff is entitled to, was ordered. The defendants are required to pay any outstanding amounts determined from the inquiry. The court also awarded N10 billion in general damages and N5 million in costs to be paid by the defendants.


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