[2005]DLHC7439 • October 21, 2005 • High Court
EDMUND AKOTO-BAMFO vs. KWAMENA MIREKU
The plaintiff, Edmund Akoto-Bamfo, is the registered proprietor of the trademark 'THE WHITE CAT' (Trademark No. 29,868) registered on February 18, 1999, for safety matches. The defendant, Kwamena Mireku, imported and sold safety matches bearing the plaintiff's trademark without consent, allegedly of inferior quality, thereby misleading the public and causing damage to the plaintiff's reputation and business. The defendant denied ownership of the trademark by the plaintiff and claimed that Beatex Enterprise, a business name under which the trademark was registered, could not own the trademark. The defendant also claimed he did not order the 'THE WHITE CAT' brand matches but accepted them upon arrival from exporters in India and denied knowledge of the plaintiff's trademark rights.
read moreThe plaintiff is seeking four reliefs from this court as endorsed on his amended writ of summons filed on 3/2/2005. These are: (a) Perpetual Injunction to restrain the defendant by himself or his servants or agents from infringing the plaintiff's trademark No. 29,868 registered in Ghana on February 18, 1999 and for wrongfully selling and passing off the plaintiff's goods thereunder. (b) ¢200,000,000.00 Special Damages (c) General Damages or in the alternative account of profits and payment of the amount shown to be due to the plaintiff on the taking of such account. (d) Delivery up to the plaintiff of all infringing goods, material or articles in the possession, custody or control of the defendant for the disposal thereof by distruction or forfeiture to such persons as the court may think fit. The pleaded case of the plaintiff was that he is the original owner and registered proprietor of the trademark 'THE WHITE CAT' which he registered at the Trademark Registry on February....