Tribunal Intervenes In 6-year Trademark Dispute, Sets March 4 For Hearing 

The Trademark Tribunal in Abuja has intervened in a dispute between Nigrshine Industries Limited and Aokete Lighting Electronics Industries Limited over a N10 billion trademark infringement.

The tribunal, which operates under the Ministry of Trade and Investment auspices, has ordered both parties to maintain peace and reconciliation of the status quo until March 4, 2025, when the case will be revisited.

During the hearing yesterday, the tribunal’s chairman, Shafiu Yauri, called on both parties to agree on a peace reconciliation. He further emphasised that further delays would not be tolerated, noting that both companies had already spent millions of naira on a case that has dragged on for over eight years.
The dispute arose when Ugochukwu Emmanuel, chief executive officer and owner of D&B AKT Brands of Electric Lighting Bulbs in Nigeria, accused a Chinese firm and its representative, Chen Xiao Ming, of trademark forgery.

Representing the claimant, a Senior Advocate of Nigeria (SAN) Femi Falana, the respondent was represented by former Attorney General and Commissioner for Justice of Sokoto State, Suleiman Usman (SAN).

The legal battle, which began in 2019, stemmed from Emmanuel’s allegations that Ming and his Nigerian associates forged a registration certificate to infringe on his brand’s trademark.

Falana SAN further explained that the previous attempts at resolution have failed. A recent settlement discussion saw the respondents offering N100 million in compensation—a figure the claimant rejected, citing the extent of the damages suffered.

He said offering to pay N100 million out of N10 billion shows they are not ready for settlement. This has been their approach since 2019. “The respondents obtained an order in China preventing the claimant from operating there, and now he cannot operate in Nigeria either,” Falana argued.

The respondents, however, insisted that the claimant withdraw the case before proceeding with any payment.

However, Usman further stated: “What we got from our client is that if the claimant withdraws the complaint, we will pay N100 million.

“If a settlement is not forthcoming by March 4 2024, we will do our job and give our verdict on the matter.”