Trademark war: Court permits Western Lotto to Seize Unapproved Ghana Games Products, Equipment
A Federal High Court, Lagos, today, granted an Anton Piller order authorising Western Lotto Nigeria Limited, to take possession of all products, equipment, and games style called “Ghana Games”, from other lottery operators in Nigeria.
Justice Chukwujekwu Aneke also authorised Western Lotto Nigeria Limited to inspect, photograph, and look for materials and documents which constitute evidence of the infringement of Western Lotto Nigeria Limited’s exclusive rights to use the trademark associated with Ghana Games.
But the judge refused Western Lotto’s application to destroy all products, equipment and games of the firms offering lottery products styled as Ghana games products.
This includes those offering their products as Monday Special Lotto, Lucky Tuesday Lotto, midweek Lotto, Fortune Lotto, Friday Bonanza Lotto, Saturday National Lotto, VAG Lotto and Super Six Lotto, which are in breach of Western Lotto’s exclusive rights to use the trade names and trademarks associated with the Ghana Games Lotto products.
The judge gave the orders after dismissing preliminary objections filed by 25 respondents in the suit.
The respondents in their preliminary objections had asked the court to decline jurisdiction on the matter and strike out Western Lotto’s suit for being incompetent.
The respondents in the suit marked FHC/L/CL/2321/19 are: National Lottery Regulatory Commission; Registrar of Trade Marks; Premier Lotto Limited; Secure Electronic Technology Limited; Richwell Plaza Limited; Peoples Empowerment Lottery Limited;Gab Lotto Limited; Payday Lotteries Limited and R&S Lotto Limited.
Others include Capstar Entertainment International Limited, Winners Golden Chance Lotto; EG&H Integrated Concepts Limited; Global Lottery Limited; Fortune Games Limited, EMI Systems Limited; Mobile Lottery Nigeria Limited; Wesco Pools and Lottery Limited; Give and Take Lottery and Brentwood Multiservices Global Limited.
They also include International Lottery and Gaming Limited; Winlot Global Resources Limited; Lottomania Nigeria Limited; Derby Lotto Limited; K.C. Lottery Company Limited and K.C. Gaming Networks Limited.
The judge adjourned hearing in the substantive suit till May 28, 2020.