Domitilla's Case: A Review

• Published date: 29 May 2023
• 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...