The Trademark Tribunal in Abuja has postponed the ongoing trademark dispute between Nigrshine Industries Limited and Aokete Lighting Electronics Industries Limited. The case, which involves allegations of trademark infringement, has been adjourned until March 4, 2025, to allow both parties to continue settlement discussions.
At Wednesday’s hearing, Tribunal Chairman Shafiu Yauri made it clear that if the parties failed to reach an agreement by the next hearing, the tribunal would proceed with delivering its verdict.
The case was brought by Ugochukwu Emmanuel, the registered owner of D&B AKT Brands of Electric Lighting Bulbs in Nigeria. He accuses Chinese businessman Chen Xiao Ming and his Nigerian partners of illegally using his trademark. Emmanuel alleges that the defendants forged a fake certificate of registration, causing financial and business harm to his company.
Previously, both sides had agreed to explore an out-of-court settlement. However, tensions rose again during the latest proceedings when counsel for the respondent, Suleiman Usman (SAN), noted that while the defendants were willing to offer N100 million as part of the settlement, the claimant had not withdrawn the case as expected.
“At the last adjourned date, the issue of settlement was raised, and we indicated our interest. The claimant mentioned a figure, and we sought an adjournment to discuss it with our client. What we got from our client is that if the claimant withdraws the complaint, we will pay N100 million,” Usman said.
In response, the claimant’s lawyer, Femi Falana (SAN), rejected the offer, stating that it was far from adequate. He noted that the respondents were not making a genuine effort to settle the matter.
“Offering to pay N100 million out of N10 billion shows they are not ready for settlement. This has been their approach since 2019. The respondents obtained an order in China preventing the claimant from operating there, and now he cannot operate in Nigeria either.
“We are of the view that since he’s not willing to settle out of court, the tribunal should deliver its ruling on the matter. To add insult to injury, he asked us to withdraw the matter. We are not ready to withdraw as a pre-condition for settlement. The tribunal should proceed with our complaint,” Falana said.
Despite the heated exchange, both sides eventually requested more time to resolve the matter outside of court.
Ruling on the matter, Yauri noted that the tribunal would not allow any further unnecessary delays.
“If a settlement is not forthcoming by March 4, we will do our job and give our verdict on the matter,” he stated.
