[2013]DLHC3885 • October 17, 2013 • High Court
PRG WATCH MANUFACTURING LIMITED vs. JOSEPH ATTAKORA
The Plaintiff, PRG Watch Manufacturing Limited, a Hong Kong-based company and registered proprietor of several trademarks in Ghana related to wristwatches, sued the Defendant, Joseph Attakora, alleging infringement of its registered trademarks by importing, selling, and possessing counterfeit watches bearing marks confusingly similar to the Plaintiff's registered trademarks. The Plaintiff sought injunctions, delivery up and destruction of infringing goods, declarations of passing off, and damages. The Defendant denied the allegations, challenged the Plaintiff's capacity and cause of action, and contended that no exclusivity could be claimed over products available globally, asserting the Plaintiff's trademark registrations were unlawful and a restraint on trade.
read moreThe Plaintiff sought the reliefs set out below by its amended writ of summons and statement of claim filed on 22/11/2012: a. An injunction to restrain the Defendants either by themselves, servants, agents or otherwise however from infringing registered Trade Marks No. 40484 LAURINE, No. 40483 PRG LUV KUSH, No. 40485 RAYMAN WIN, No. 40523 ANNE KRAMAR and No. 40522 PROMADO all in international Class 14 and from importing, selling or otherwise using any of the Plaintiff’s trade marks or any other mark confusingly similar to the trade marks mentioned herein b. Delivery up for destruction upon oath of all watches bearing the Plaintiff’s aforementioned trade marks in the defendant’s possession the sale of which by the defendants shall constitute a breach of the foregoing injunction. c. A declaration that the defendant’s by the action of putting up on the market imitated brands bearing the registered trade marks of the Plaintiff amounted to ‘passing off’ of the Plaintiff’s br...