2 Restrained for infringing on trademark rights

June 11, 2009 (Page 550)

THE Commercial Court in Accra has restrained two businessmen from infringing on the trademark rights of electrical products manufactured by Implex Projects Limited, a United Kingdom (UK)-based company.
The court found out that the defendants, Mr Oware Wiafe and Mr Gabriel Boakye, had counterfeited BG trademarks being electrical products for sale on the local market.
Following the distribution and sale of the counterfeited electrical accessories by the defendants, Serboat Electrical Limited, the local representatives of Implex Products Limited sued the defendants on behalf of the UK company.
Delivering its judgement, the court, presided over by Mrs Justice Cecilia H. Sowah, further ordered the defendants to deliver for destruction all electrical accessories bearing the trademark BG and which had been imported, distributed or which were being sold by the defendants.
It awarded general damages of GH¢8,000 and costs of GH¢1,500 against each of the defendants.
Citing authorities to buttress its decision, the court held that the plaintiff was the proprietor of the BG trademark and therefore the defendants had infringed on the plaintiff’s exclusive right by deceptively affixing the BG mark to their (defendants) electrical products to mislead the public.
The court held that the defendants were unable to rebut the prima facie case made by the plaintiff.
It also held that the evidence that the products were similar were not challenged by the defendants, adding that the defendants were not able to show any genuine source of their products.
“I accordingly find plaintiff’s allegation that the products are infringed proved, so far as concerns the importation and distribution of products similar to that of plaintiff and deceptively branded BG,” the court added.
According to the court, the similarity between the fake and genuine products were likely to cause confusion among members of the public.
It accordingly upheld the reliefs from the plaintiff, which among others prayed the court to declare that the defendants had infringed on its BG trademark.