Court Grants Western Lotto Permission to Search Competitors’ Offices, over Alleged Infringement of its Trademark

The Federal High Court in Lagos, has granted Western Lotto Ltd an Anton Piller order, permitting it to search the offices of 23 of its competitors, for evidence of alleged infringement of its Ghana Games trademark.

Justice Chukwujekwu Aneke made the order, following Western Lotto’s allegation that the competitors were infringing on its ‘exclusive rights’ over Ghana Games in Nigeria.

Western Lotto Ltd had dragged the National Lottery Regulatory Commission, Registrar of Trade Marks, and the 23 rival lotto companies to court for continuous use of the trade names and trademarks associated with Ghana games lotto products in Nigeria, for which it has the exclusive rights.

Western Lotto explained that, it had since 1990 developed certain lottery games popularly called “Ghana games,” which include Monday Special Lotto, Lucky Tuesday Lotto, Midweek Lotto, Fortune Lotto, Friday Bonanza Lotto, Saturday National Lotto, VAG Lotto and Super Six Lotto.

The 23 competitors listed as Respondents in the suit marked as FHC/L/CS/2321/19 include, Premier Lotto Limited, Secure Electronic Technology Limited, Richwell Plaza Limited, Peoles Empowerment Lottery Limited, Gab Lotto Limited, Payday Lotteries Limited, R & S Lotto Limited, Capstar Entertainment International Limited, Winners Golden Chance Lotto, Eg&H Integrated Concepts Limited, and Global Lottery Limited.

Others are: Fortune Games Limited; Emi Systems Limited, Mobile Lottery Nigeria Limited, Wesco Pools and Lotteries Limited, Give and Take Lottery Limited, Brentwood Multiservices Global Limited, International Lottery and Gaming Limited, Winlot Global Resources Limited, Lottomania Nigera Limited; Derby Lotto Limited, K.C Lottery Company Limited, and K.C Gaming Networks Limited.

The Plaintiff had, in its application, amongst others, prayed the court to grant an order appointing the 3rd to 25th Respondents to represent the class of persons passing off their Lotto products as “Ghana Games” lotto product, by using trade names and trademarks that are associated with “Ghana Games”.

It also asked the court for an Anton Piller order, directing the 23 lottery firms to forthwith permit a bailiff of the court to serve the order, its Lawyer, Police officers and such other persons it may authorise, to search the premises of the Defendants, wherever located.

Following the Plaintiff’s application, on December 16, Justice Aneke granted an order appointing the 3rd to 25th Defendants to represent “the class of persons passing off their lotto products by using trade names and trade marks that are associated with the ‘Ghana Games’ and or who illegally sell ‘Ghana Games’ lotto products in Nigeria, by using the draw of the numbers of the Ghana NLA to sell and distribute lotto games to customers in Nigeria”.

The Judge also granted the Plaintiff permission to enter into the premises of the Respondents for “inspecting, photographing and looking for the infringing games, products, documents and materials, which constitute evidence of the fact of the infringement on the Plaintiff’s exclusive right to the use of the trade names and trademarks, associated with Ghana games lotto products”.

He ordered Western Lotto to take possession of all products; equipment and games styled and called “Ghana games” found on the premises of the Respondents.

While adjourning the matter to December 30, Justice Aneke also granted the Plaintiff leave to serve the originating processes, on all the Respondents at their offices outside Lagos.

Reacting to the decision, Western Lotto’s General Manager, Mr. Tajudeen Usman said the company’s exclusive right to the Ghana Games patent, was authorised by the Ghanaian Government through the Ghanaian Foreign Affairs

Ministry.

According to Usman, Western Lotto was the only firm in Nigeria, so licensed by the Ghanaian authority.

He noted that, for about 20 years, many Nigerian companies had been illegally using the Ghana Games trademark.

“But we believe in doing the right thing. So we went to Ghana and obtained a 10-year contract, which gave us the exclusive right to use the Ghana Games patent and trademark.

“Western Lotto has exclusive rights, to sell Ghana Games in Nigeria. Draw Numbers cannot be used in Nigeria, without Western Lotto’s consent”, he said.

Usman also warned other lotto firms that are still using the Ghana Games trademark, that they were violating the law and Western Lotto’s trademark.

He called on Lotto firms that wish to continuing using the Ghana Games trademark or numbers, to obtain the permission of Western Lotto.