[2017]DLHC6282 • May 30, 2017 • High Court
FRUIT BASKET LTD vs. I-SHOP LTD
The Plaintiff, Fruit Basket Ltd, operating under the trading name IShop since 2008 as an authorized dealer of genuine Apple products, claimed that the Defendant, IShop Ghana Ltd, incorporated in 2013, was passing off its business by using the name 'IShop Ghana' and advertising similar Apple products, thereby causing confusion and seeking unfair economic advantage. The Plaintiff sought declarations, injunctions, damages, and costs against the Defendant.
read moreThe Plaintiff claimed against the Defendant the following reliefs: 1. A Declaration that the Defendant is seeking to gain an unfair economic advantage by passing off the name of I-shop which has come to be associated with the Plaintiff. 2. A perpetual injunction restraining the Defendant by herself, her agents, servants and assigns from the use of the name I-shop Ghana in marketing apple products in the country. 3. General Damages for breach of Plaintiff’s economic rights 4. Costs It was the Plaintiff’s case as set forth in its Amended Statement of Claim filed on 21st July 2016 that it was a limited liability company incorporated in 2008. According to the Plaintiff, since its incorporation it had been operating under the name and style I-Shop as an authorized dealer in genuine apple products and also providing after sales services to the clients who had purchased goods from it. The Plaintiff contended that it had set up a website known as www.i-shop.com.gh where infor...