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The Trademark Tribunal sitting in Abuja has once again adjourned the trademark infringement case between Nigrshine Industries Limited and Aokete Lighting Electronics Industries Limited for a report on the settlement process.
At the hearing on Wednesday, the tribunal’s chairman, Shafiu Yauri, ruled that the case be adjourned until March 4, 2025, warning that the tribunal would proceed with its verdict if the parties failed to reach an agreement.
The dispute involves Ugochukwu Emmanuel of NIGRSHINE Industries Limited, the registered owner of D&B AKT Brands of Electric Lighting Bulbs in Nigeria, who alleges that Chen Xiao Ming, a Chinese national, and his Nigerian associates have infringed on his trademark by forging a fake certificate of registration.
During the last proceedings, both parties had agreed to settle the matter out of court.
However, on Wednesday, counsel for the respondent, Suleiman Usman (SAN), stated that while the respondents were willing to pay N100 million to resolve the case, the claimant had not withdrawn the complaint as part of the settlement process.
He explained, “At the last adjourned date, the issue of settlement was raised, and we indicated our interest. The claimant mentioned a figure, and we sought an adjournment to discuss it with our client. What we got from our client is that if the claimant withdraws the complaint, we will pay N100 million.”
In response, the claimant’s counsel, Femi Falana (SAN), dismissed the offer as inadequate, stating that the respondents were not serious about settling.
“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.
“We are of the view that since he’s not willing to settle out of court, the tribunal should deliver its ruling on the matter. To add insult to injury, he asked us to withdraw the matter. We are not ready to withdraw as a pre-condition for settlement. The tribunal should proceed with our complaint,” Falana said.
After heated arguments, both sides eventually pleaded for another opportunity to resolve the matter amicably.
Ruling on the matter, Yauri stressed that the tribunal would not allow further delays.
“If a settlement is not forthcoming by March 4, we will do our job and give our verdict on the matter,” he stated.
