Goya Foods Incorporated has asked a Federal High Court sitting in Abuja to mandate the Registrar Of Trademarks, to assign ownership of “Goya Olive Oil” trademarks to the company.
This is contained in the suit number FHC/ABJ/CS/883/2023, between Goya Foods Incorporated and the Registrar of Trademark, under the Federal Ministry of Trade and Investment.
Goya Foods, Inc. is a producer and distributor of foods and beverages sold in the United States, Spanish-speaking countries and Nigeria.
Facts of the case
In the suit, dated June 23, 2023, exclusively seen by Nairametrics, the company urged the court to grant further orders to give positive effect to a subsisting consent judgment of the court on 18 December 2006, which directed the respondent to immediately rectify the Register of Trademarks and the Register of Designs regarding “Goya Olive Oil” in its favor without any formalities.
To rectify means to correct, or make an alteration of a trademark in the Trademarks Register of government.
In an affidavit deposed by Modupe Justina Amodu, she stated that the company obtained a consent judgment against Chikason Industries Limited which has been allegedly infringing on its ownership right to “Goya” by selling its own “Goya Olive oil” in Nigeria.
As seen on the consent judgement entered in 2006, the court had restrained Chikason Industries from selling Goya Olive oil which infringes on Goya Foods Incorporated registered trademark no: 53558.
The federal government agency was also restrained from allowing the use of the trademark “Goya” or any other colorable imitation of the mark “Goya” including the “Goya” bottle design and label that is confusingly similar to the applicant’s proprietary Goya Olive Oil label.
The federal government agency was given a period of six months at the time, to dispose of all printed or written labels on packs, cartons and bottles that breach the applicant’s trademark.
The federal government agency was also directed to assign all ownership proprietary interests in the registered mark Goya Olive Oil in the respective classes, to Goya Foods Incorporated.
The Applicant’s Counsel, Ade Adedeji, SAN, told Justice Inyang Ekwo that he had appealed to the respondent to rectify its register, adding, however, that it “is yet to effect the rectification till date, despite the Consent Judgement of this Honourable Court directing same.”
Adedeji stated,
“This rectification is necessary to protect the trademark of the Applicant and enable the Applicant to complete the process of assignment of the trademark “GOYA OLIVE OIL’ in classes 3,5, and 16.
“The subject matter is of utmost concern to the Applicant and the business of the Applicant.
“It is in the interest of Justice that this application is granted in favour of the Applicant.
Nairametrics gathered that the legal dispute has been adjourned by the court to September 27,2024 for report.
More Insights
Goya Foods Incorporated is a duly incorporated corporation under the laws of the State of Delaware and, the United States of America, with offices in New Jersey and throughout the United States.
It has offices in Spain, Puerto Rico and the Dominican Republic and its products are sold in Nigeria.
As seen on court processes, it claims to be the duly registered proprietor of the Nigerian Registered Trademark No. 53558 consisting of the word “GOYA”, registered in class 29 of Schedule 4 to the Trademarks Regulations 1976 in respect of edible oils (Olive Oil), prepared olives and other goods included in the class.
