The French multinational pharmaceutical and healthcare company headquartered in Paris has won a trade mark infringement lawsuit filed at the Federal High Court of Nigeria in Sanofi S.A v. Sanofi Integrated Service Limited and three others.
The lawsuit involved the unauthorised use of the well-known Sanofi trade mark by three Nigerian entities called Sanofi Integrated Service Limited, Sanofi Nigeria Enterprise Limited and Sanofi Nigeria Enterprise as part of their company names in Nigeria.
Sanofi S.A. petitioned the Nigerian Company Registry, Corporate Affairs Commission (CAC) in 2019 so that the three Nigerian entities would voluntarily change their company names. CAC granted the request and ordered Sanofi Integrated Service Limited, Sanofi Nigeria Enterprise Limited and Sanofi Nigeria Enterprise to voluntarily change their names as the use of the well-known registered trade mark Sanofi as part of the company names infringes the trade mark rights of the pharmaceutical company.
In the absence of a response from the three Nigerian entities, Sanofi S.A. promptly initiated legal proceedings before the Federal High Court to safeguard their rights.
Delivering the Judgement, Justice Omotosho of the Federal High Court, after carefully considering all the evidence presented by the Plaintiff, confirmed the earlier decision of CAC and ruled decisively in favour of Sanofi S.A.
The Court awarded damages as well as granted injunctions against the infringing Business entities, Sanofi Integrated Service Limited, Sanofi Nigeria Enterprise Limited and Sanofi Nigeria Enterprise.
This decision is of importance, particularly to well-known international brands, as the Court also directed the Corporate Affairs Commission (CAC) to cancel/withdraw the registration of the infringing Business entities from its Registers if they failed to comply with the order of the Court within two weeks from the date of the judgment.
This decision, therefore, sets a precedent for an Applicant to pray for the deregistration of a Business Entity whose name has been found to be infringing.
The landmark decision also serves as a significant milestone for Sanofi S.A. in safeguarding its intellectual property rights in the Nigerian market. Sanofi S.A. will continue to vigorously protect its brand, maintaining the highest standards in the pharmaceutical industry, and its strict charge on the safety of its patients.
