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22.10.2005 Crime & Punishment

Court restrains trader from using trademark

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Accra, Oct. 22, GNA - An Accra Fast Track High Court on Friday restrained a trader from using a trademark of a company to import items. The Court restrained Mr Kwabena Mireku from using the trademark "White Cat" of Beatex Enterprise, which is owned by Mr Edmund Akoto-Bamfo to import products.

The Court awarded 50 million cedis as damages.

The Court asked its Registrar to hand over 379 cartons of matches collected from Mr Mireku to the Beatex Enterprise. It further awarded cost of 10 million cedis against Mr Mireku. Delivering its judgement, the Court said during the trial Mr Mireku stated that he imported a container of products and when the goods arrived, it included White Cat matches.

The Court noted that although Mr Mireku acknowledged that he did not request for the White Cat matches, he did not return them. Comparing the two products, the Court noted that while Beatex Enterprise's products were of quality, had the country of origin and the trademark of the White Cat, Mr Mireku's product bore no inscription of the country of origin and was inferior. It further noted that Mr Mireku did deny that he had infringed on the trademark.

Beatex Enterprise on February 1999 registered the White Cat trademark and sold its products in the country. But when the product was advertised and gained popularity on the market, Mr Mireku also began to sell same.

Beatex, therefore, filed a suit a suit against Mr Mireku. In Beatex Enterprise' writ of summons, it sought injunction to restrain Mr Mireku's aides and allies from using their trademark. It further sought special and general damages of 211 million cedis and further orders as the Court deemed fit.