ERIC AMANKWAH vs. AHOMKA BEVERAGES LIMITED

The Applicant, Eric Amankwah, filed a suit against the Respondent, Ahomka Beverages Limited, seeking an interlocutory injunction to restrain the Respondent from using a brand name and product label confusingly similar to the Applicant's unregistered trademark "Charlie Ginger Liqueur εbetu Spirit Drink." The Applicant alleged that the Respondent was producing and marketing a beverage under the name "Charles Ginger Liqueur Wobetu Spirit Drink," which closely resembled the Applicant's product in name, label design, and packaging, thereby causing confusion and passing off. The Applicant had obtained a license from the Food and Drugs Authority (FDA) for his product and had changed the product name with FDA approval. The Respondent's attempts to change its product name were rejected by the FDA due to similarity and misbranding concerns. The Applicant claimed that the Respondent's actions amounted to passing off and statutory breaches under the Public Health Act, 2012 and the Protection Against Unfair Competition Act, 2000.