Domitilla's Case: A Review

• Published date: 29 May 2023
• Subject Matter: Intellectual Property, Trademark
• Law Firm: Olisa Agbakoba Legal (OAL)
• Author: Mr Emmanuel Agherario and Fehintoluwa Ajayi

The case of Anne Chioma Njemanze and Zeb Ejiro over the trademark registration application for "DOMITILLA" in Class 41 is an example of bad faith registration of trademarks. In this case, the tribunal found that the respondent had registered the trademark in bad faith and was not the true proprietor of the mark. The tribunal cited legal principles from the Trademarks Act, the AL BASSAM Trademark case, and the Harrison's Trademark Application case to establish this decision.

The petitioner, Zeb Ejiro, had challenged the respondent's trademark registration application on the grounds that the respondent had registered the trademark in bad faith and was not the true proprietor of the mark. The tribunal found that the only evidence the respondent had provided to support their trademark application was an "Acknowledgment" and "Acceptance" letter issued to them by the Trademarks Registry. This was not sufficient to establish true ownership or proprietorship of the mark, as required by Section 18 of the Trademarks Act.

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Moreover, the respondent had acted in the film series DOMITILLA 1 & 2 for the petitioner, indicating that the trademark "DOMITILLA" did not belong to the respondent. The tribunal referred to the English case of Harrison's Trademark Application (2005) FSR 10 and Kerly's Law of Trademarks and Trade Names (16th Edit) to establish the legal principles around bad faith registration of trademarks.

The tribunal found that the respondent's application to register the trademark was made in bad faith and intended to exploit another person's trademark. The right to apply to register a trademark is granted only to the true...