Trademark War: Court Permits Western Lotto Rights Over Ghana Games

Justice Chukwujekwu Aneke of the Federal High Court in Lagos, on Monday granted an Anton Piller order to Western Lotto Nigeria Limited, permitting its to take possession of all products, equipment, and games style called “Ghana Games”, from other lottery operators, for infringing on the trademark.

The court also granted Western Lotto Nigeria Limited permission to inspect, photograph, and look for materials and documents which constitute evidence of the infringement of Western Lotto Nigeria Limited’s exclusive rights to use the trademark associated with Ghana Games in Nigeria.

The judge, however, refused Western Lotto Nigeria Limited’s request to destroy all the products, equipment and games of the firms offering lottery products styled the Ghana games products, including those offering as Monday Special Lotto, Lucky Tuesday Lotto, midweek Lotto, Fortune Lotto, Friday Bonanza Lotto, Saturday National Lotto, VAG Lotto and Super Six Lotto, which are in breach of Western Lotto Nigeria Limited’s exclusive rights to use the trade names and trademarks associated with the Ghana Games Lotto products.

The judge gave the orders after dismissing several preliminary objections filed by the 25 respondents in the suit.

The respondents in their various preliminary objections have asked the court to decline jurisdiction on the matter as well as striking out Western Lotto Nigeria Limited’s suit against them for been incompetent.

The respondents listed in the suit marked FHC/L/CL/2321/19 are: National Lottery Regulatory Commission; Registrar of Trade Marks; Premier Lotto Limited; Secure Electronic Technology Limited; Richwell Plaza Limited; Peoples Empowerment Lottery Limited; Gab Lotto Limited; Payday Lotteries Limited and R&S Lotto Limited.