9th March, 2024
By Olaide Ayinde
An Islamic educational organisation based in Bauchi State, the Centre for the Improvement of Traditional Qur’anic Schools in Nigeria has been ordered to pay an N500,000 fine for duplicating the name and logo of a similar body, the Incorporated Trustees of Association of Masu Karatun Allo Na Tsangaya.
Justice Musa Liman of the Federal High Court Bauchi gave the order while ruling on the suit filed by the plaintiff over the alleged infringement of its name and logo by the defendant.
Mr Auwal Ibrahim told the court that the defendant was using the same name and symbol as that of his client.
He said this has resulted in confusion among the general public, the elites and the unlettered.
He argued that the plaintiff approached the court for clarification, declaration, and direction as to how the name should be used, and who is entitled to the use of the name
While delivering his judgment in the suit, Liman held that: ‘Incorporated Trustees of the Association Masu Karatun Allo Na Tsaganya, Bauchi’, in the Hausa Language, and in English, it translates to the name ‘Centre for the Improvement of Traditional Qur’anic Schools in Nigeria, Bauchi branch.
“Which is the name used by the applicants for their own organisation, and the Hausa subtitle ‘Cibiyan Bunkasa Makaranta Tsangaya a Nigeria’, is the equivalent name of the first plaintiff in Hausa Language.
“The two names are confusingly similar and if the Executive Governor of Bauchi State is vulnerable to the confusingly similarity in the name of the first plaintiff and those of the defendants’ association, I could not find a better demonstration of the fact that the name of the parties are confusingly similar and confusing,” he said.
Liman held that the defendants had clearly include the name, the symbol and trademark of the first plaintiff in all legal ramifications.
“I thereby unequivocally state that the name as well as the logo belongs to the first plaintiff and the defendants should not use the said name as well as the symbol of slate as their logo.
“I also award N100 cost in favour of the plaintiff to be paid by the defendants and this is the justice of the court,” he said
. (NAN)