Ifeanyi Ubah’s Capital Oil sued for brand name infringement

Akin Kuponiyi

A limited liability company,Capital Oil Plc,that deals in petroleum products has slammed N1billion suit on a Nigerian businessman,Chief Ifeanyi Ubah and his company,Capital Oil and Gas Industries Limited over an alleged unlawful use as part of its name the company’s registered name “CAPITAL OIL”despite repeated pleas  and warning by the plaintiff and directive from the corporate Affairs commission.

Joined as co-defendant in the ensuing legal hostility is Corporate Affairs commission(CAC).

In a statement of claim filed before a Federal high court in Lagos south west Nigeria by a lagos lawyer Chioma Okwuanyi, Capital Oil Plc stated that it became aware of the existence of Capital Oil and Gas industries Ltd. when correspondences meant for the company were delivered to it and upon inquiry it discovered that the company engages in the business of dealing in petroleum products which is the same line of its business,

The plaintiff (Capital Oil) notified Corporate Affairs commission the error in registering Capital Oil and Gas industries Ltd.  Thereafter CAC directed the company to change its name within six weeks,but the defendant refused to do so.

When the confusion between the two companies became unbearable,the plaintiff dragged the defendant to court.

The suit was settled by a consent judgement,whereby Capital Oil and Gas industries paid N100million to the plaintiff to remove Capital from its name.  However the money was refunded when it was discovered that the board of Directors of Capital Oil company was not carried along in the purported settlement which the company accepted.

Thereafter Capital Oil and Gas industries sought the order of the court to compel the plaintiff to enforce the said consent judgement,but Justice Okechukwu Okeke after a review of the facts of the case absolved the plaintiff of any breach of the consent judgement in the sense that since the defendant accepted the money refunded by the plaintiffs,the judgement has been repudiated. Capital Oil and Gas industries and Ifeanyi Uba never appealed the judgement.

Thereafter,the defendant agreed for the sum of N230million as settlement,but the defendant refused to make any payment.

Sometime in 2013,the plaintiff received several calls from its clients who demanded to know how the plaintiff had been so much engrossed in huge indebtedness that led to the take over of the management of the company by Asset Management Corporation of Nigeria. This embarrassed the plaintiff and tore its good will into shreds.

The plaintiff in a letter to  AMCON explained the lingering issues between the plaintiff and the defendant company. AMCON did not reply

Consequently,the plaintiff is now seeking the following declarative order of the court

*An order that the  defendants  continuous use as part of its name its registered name “Capital Oil”and Gas industry Limited is an infringement on the right of the plaintiff and amounts to passing off,

*An order directing Corporate Affair commission to cancel the Certificate of registration issued to Capital Oil and Gas industries Ltd.

*An order directing Ifeanyi Uba and his company Capital Oil and Gas industries Limited to pay to the plaintiff the sum of one Billion Naira as damages for passing off and the unlawful use and continuous us as part of its name the plaintiff’s registered name “Capital Oil” despite repeated pleas and warning and directives by the plaintiff and corporate Affairs Commission.

*An order directing Ifeanyi Uba and his company Capital Oil and Gas to pay to the plaintiff the sum of One million Naira as the cost of this legal action.

The case has been adjourned for  hearing.