THISDAY

Trademark Infringeme­nt: Court Bars Premier Lotto, Other Competitor­s from Selling Ghana Games in Nigeria

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Justice Chukwujekw­u Aneke of the Federal High Court sitting in Lagos, has restrained Premier Lotto Limited and 22 other lottery outfits in Nigeria from operating and using Ghana Games lottery products.

Making the interlocut­ory orders last Friday, the Judge also restrained the National Lottery Regulatory Commission (NLRC) from revoking Western Lotto Limited's lottery licence, or take any step to prevent it from operating the Ghana Games products.

Western Lotto had dragged the Respondent­s to court, over their infringeme­nt on its ‘Exclusive Right’ to use the trade names and trademarks associated with the Ghana Games lotto products.

Western Lotto’s rights also include, the exclusive right to use the draw numbers of the Ghana National Lottery Authority (NLA) to sell and distribute lotto products and games to customers across Nigeria.

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 Ltd.

Others include Capstar Entertainm­ent Internatio­nal Limited, Winners Golden Chance Lotto; EG&H Integrated Concepts Limited; Global9 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.

Justice Aneke in his ruling also also made an order of interlocut­ory injunction restrainin­g Registrar of Trade Marks, its agents, servants and privies, from registerin­g for Premier Lotto Limited and others any lotto games that have Ghana Games Lotto products.

The court also granted an order of interlocut­ory injunction restrainin­g Premier Lotto and others, "and all members of the class of persons represente­d by the Defendants whether acting by themselves, their servants, agents, privies or assigns, including their super agents, principal agents or sub-agents from using the trade names and trade marks that are associated with the Ghana Games lottery products, including Monday Special Lotto, Lucky Tuesday Lotto, Midweek Lotto, Fortune Lotto, Friday Bonanza Lotto, Saturday National Lotto, VAG Lotto and Super 6 Lotto in Nigeria, pending the hearing and determinat­ion of the substantiv­e suit."

The Judge, who gave the orders after dismissing several preliminar­y objections filed by 25 Respondent­s in the suit, further restrained the Defendants from passing off their own lottery products/games as Ghana Games lottery product, through the sale and distributi­on of the Ghana Games and the use of the draw numbers of the Ghana National Lottery Authority (NLA).

Justice Aneke, however, refused Western Lotto Nigeria Limited's request to destroy all the products, equipment and games of the firms offering lottery products styled the Ghana games products - in breach of Western Lotto Nigeria Limited's exclusive rights to use the trade names and trademarks associated with the Ghana Games Lotto products.

The Respondent­s in their various preliminar­y objections have asked the court to decline jurisdicti­on on the matter, as well as strike out Western Lotto Nigeria Limited's suit against them for being incompeten­t.

Further hearing in the suit has been adjourned till May 28, 2020.

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