[2023]DLHC18276 • September 15, 2023 • High Court
TWELLIUM INDUSTRIAL CO. LTD vs. NUTRIFOODS GHANA LIMITED
The Applicant, Twellium Industrial Co. Ltd, produces various beverage and biscuit products including the 'McBerry Breakfast Cereal Biscuits' brand, registered under trademark number 54415. The Applicant alleges that the Respondent, Nutrifoods Ghana Limited, began producing and marketing a biscuit named 'Royal Breakfast Cereal Biscuits' with packaging and branding similar to the Applicant's, causing confusion and damaging the Applicant's goodwill and reputation. The Applicant seeks an interlocutory injunction to restrain the Respondent from producing, marketing, and selling the contested product pending the substantive suit.
read moreRULING The Plaintiff (hereinafter called the Applicant) filed a Motion on Notice for an Order of Interlocutory Injunction with a 21-paragraph supporting affidavit dated 28th August 2023. In this application, the Applicant alleges that it produces different brands of mineral water, drinks, Pure Delight Biscuit, Bourbon Cream Biscuit, Oxford Digestive Biscuits, London Oats and Digestive Biscuits etc. that sometime in or about 2020, it commenced production and distribution of biscuits under the trade brand name ‘MCBERRY BREAKFAST CEREALS BISCUITS’ after the said brand name was submitted for registration at the Registrar of Trademarks under No. 54415 in respect of biscuits in International Class 30 attached and marked as Exhibit ‘TWIA’. The Certificate of registration dated February 2022 is attached and marked as Exhibit ‘TWIB’. It is the case of the Applicant that it has invested substantial amount of resources to advertise and promote the said brand both Locally and I...