Passing Off: Court Orders The Suspension Of Activities Of The Chartered Institute of Arbitrators (Nigeria) Ltd/Gte

The Chartered Institute of Arbitrators (Nigeria) Ltd/Gte has
been ordered by the Federal High Court in Lagos to stop using the
name, logo and membership grades of The Chartered Institute of
Arbitrators (UK).

In a case on passing-off instituted by the Chartered Institute,
Hon. Justice Olatoregun who sat on the matter, awarded a cost of N1
million against The Chartered Institute of Arbitrators (Nigeria)
Ltd/Gte in favour of the Plaintiff, despite the counter-claim by
the defendant.

AELEX, the law firm that represented The Chartered Institute of
Arbitrators (UK) announced the court’s verdict on its LinkedIn page
on Tuesday.

Part of the post reads:

“In delivering its judgment, the Court held that by the use of
the name ‘Chartered Institute of Arbitrators’ (Nigeria) as well as
the Plaintiff’s logo and its membership grades, the Defendant was
passing itself off as the Nigerian branch of the Plaintiff.

“The Court further granted an order of perpetual injunction
restraining the Defendant from further using the ‘Chartered
Institute of Arbitrators (Nigeria) Ltd/Gte name, the logo,
membership grades and accompanying acronyms of the Plaintiff on any
materials.”

The Chartered Institute of Arbitrators (Nigeria) Ltd/Gte
reacting to the development on Tuesday disagreed with the judgment
of the court and said that the Chartered Institute of Arbitrators
United Kingdom Nigerian Branch was not an organisation registered
in Nigeria, and “is not a body corporate known to law.”

The defendant has however, appealed the decision of the court.
This was stated in a press statement released by the defendant.

An excerpt of the press statement published by Business Trumpet
reads:

“While we respect the view of the Learned Trial Judge, we,
however, strongly disagree with it and have since filed an Appeal
at the Court of Appeal, and a Motion for Stay of Execution against
the said Judgment ending the determination of the Appeal by the
Court of Appeal.”