Jigsimur Plus Nigeria Limited Sues Cleansimur International Ltd for #100bn
Over Alleged Patent and Design Infringement
By Chukwudi Ebele
Jigsimur Plus Nigeria Limited, a subsidiary of globally renowned JIGSIMUR SA ORIGIBAL (PTY) LTD, and the legitimate exclusive producer of Original JIGSIMUR SA ORIGINAL-Y61977 herbal health products has dragged it's rival firm, Cleansimur International Limited to court claiming a total sum of N100,200,000,000 billion for allegedly imitating and pirating it's registered original brand herbal drinks products known as Jigsimur plus health drink.
In the Suit. No. FHC/L/SC/1953/25, the plaintiff specified that N100 billion is for general, exemplary and aggravated damages against the defendant for the injury occasioned to the goodwill, reputation and hard earned business image of the plaintiff, as well as the colossal financial losses, market disruption, reputational harm and customer diversion caused by the defendant's willful infringement and unlawful passing-off.
In a Writ of Summon filed at the Federal High Court Registry, Lagos, on its behalf by it's legal counsel, Sir Ifeanyi Ejiofor Esq. KSC of I. C. Ejiofor (Ugochinyere Law Firm), a copy of which was made available to newsmen, the N200 million being claimed by the plaintiff from the total sum is for special damages as cost of this action being professional legal fees, security expenses, investigations, incidental disbursements, administrative charges and ancillary costs reasonably and necessarily incurred in prosecuting this action, as well as mitigating the unlawful activities of the defendant.
The plaintiff further asked the court to compel the defendant to pay a post-judgement interest at the rate of 10 percent per annum on all judgement sums in it's favour from the date of judgement until the final satisfaction and liquidation of same and for such other order or orders as the court may deem fit to make in the particular circumstance of the case in the interest of justice, equity, commercial fairness and good conscience,, the plaintiff.
Also in it's statement of claim, the plaintiff is praying the court for an order directing and mandating the relevant regulatory authorities in Nigeria, including but not limited to National Agency for Foods, Drugs Administration and Control, NAFDAC, Standard Organization of Nigeria, SON and the Federal Ministry of Industry, Trade and Investment to forthwith, seize, confiscate, impound, destroy and dismantle all infringing products, materials, labels, bottles, containers, advertisements and promotional materials of the defendant found within the Nigerian market, whether in warehouse, retail stores, pharmaceutical outlets or online platforms.
A declaration that the continued use, promotion, advertisements, sale and distribution of the product branded and described as 'Cleansimur Gesondheidsdrankie Health Drinks' by the defendant with the plaintiff"s bottle design and inscription: "Cleansimur by Jigsimur S.A." constitutes a gross violation and unlawful infringement of the plaintiff's subsisting statutory rights, including it's registered patent and designs in the Jigsimur label bottle design, it's registered product brand of Jigsimur health drink and it's exclusive distributorship rights within the Federal Republic of Nigeria
A declaration that Cleansimur’s use of the infringing label, name, and bottle design constitutes a flagrant violation of Jigsimur’s registered patents and designs, amounting to unfair competition, unlawful misrepresentation, and injurious falsehood.
A Perpetual Injunction restraining Cleansimur International Limited, its agents, distributors, and affiliates, from further infringing on Jigsimur’s rights or passing off its counterfeit product in Nigeria.
In an affidavit in support of the writ of summon, the plaintiff displayed some vital documents torely upon at the trial, to buttress it's recognition by relevant authorities, including a license by SAHPRA, a certificate by South African Pharmaceutical Council, a certificate of registration from South African Department of Trade and Industry, NAFDAC certificate of Registration and Schedule, certificate of Registration of Design 750 ML and 250 ML bottles, among others.
The plaintiff also included in the affidavit, a statement on oath of one of its witnesses, Mr. Chijioke Ezeli all to substantiate their case and buttress their point.
Speaking to newsmen shortly after filling the suit, the ddefence counsel, Ejiofor noted that this action which he described as a trade mark suit, underscores Jigsimur Plus Nigeria Limited’s unwavering commitment towards protecting its intellectual and industrial property as well as its brand integrity, adding that the suit also serves as a stern warning to counterfeiters, impostors, and fraudulent operators seeking to exploit consumer trust and goodwill in Nigeria’s rapidly expanding herbal health industry.
Ejiofor disclosed that having filed the suit at the High Court Registry, formal assignment to a trial court is now being awaited, adding that expectations are very high that legal fireworks concerning the case would soon kick off in earnest.
