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