A Federal High Court sitting in Lagos, on Tuesday, April 25, 2017, adjourned a suit filed by Portland Paints & Products Nigeria Plc (the Plaintiff) against Voda Paints Limited (the Defendant) for definite trial.
Delivering her ruling, the Honorable Justice Mojisola Olatoregun-Ishola awarded cost against the Plaintiff, in favour of the Defendant. The Judge blamed Portland Paints & Products Nigeria Plc for causing delays and admonished them to be more diligent in the prosecution of the case which was filed in 2015. The two industry giants will appear before the Court for trial on June 8, 2017.

Investigations by our correspondent who was in court on Tuesday reveal that the legal dispute centers on the right to use the word ‘Trowel’. The Plaintiff, represented by Femi Fajolu of G.O. Sodipo & Co, claims exclusive right to Trowel Paints and alleges to have invented the word ‘Sandtex Trowel’.

Voda Paints Limited, represented by Folarin Aluko, Damilola Amore and Mofe Ogbe, of Trumann Rockwood Solicitors, strongly refutes the Plaintiff’s claim and contends that apart from being a common English word, ‘Trowel’ is used to identify a type of paint in the paint and manufacturing industry in Nigeria and all over the world. As a result, Voda Paints contends that the Plaintiff cannot claim exclusive ownership of Trowel or Trowel paints. The Defendants also argue that granting the exclusive right over a generic word to anyone, including the Plaintiff, would be injurious to commerce and create an unfair monopoly in the industry.

Voda Paints Limited, an industry leader in the Paints and Manufacturing Industry, with a nationwide distribution network manufactures and markets a wide range of decorative paints and wall coverings.
Portland Paints & Products Nigeria Plc, a publicly quoted company and a subsidiary of UAC Nigeria Plc, recently appointed Mrs. Adeline K. Ogunfidodo to its Board of Directors. The next Annual General Meeting of Portland Paints and Products Nigeria Plc will be held at Silas Daniyan Hall, Golden Tulip Festac, Amuwo-Odofin, Lagos State, on Wednesday, 31st May, 2017.

Source:
http://thenigerialawyer.com/court-awards-cost-against-portland-paints-product-plc-adjourns-case-for-definite-trial/