Businessman, Nnoli and his company charged for alleged trademark forgery

Businessman, Nnoli and his company charged for alleged trademark forgery

The Police have brought a businessman, Chidozie Benjamin Nnoli and his firm, Chidotex Technical Company Ltd before the Federal High Court in Lagos for alleged trademark forgery, counterfeiting and application of false trade descriptions.

Nnoli and Chidotex were arraigned before Justice Justice Peter Lifu on a 91-count charge marked FHC/L/193/C/2021 bothering on the offences.

According to the police, the defendants committed the offences sometime in December, 2020 at No. 179/177 Bomo way Ebute-Metta, Lagos.

The court heard that the duo, with intent to defraud, forged Danfoss trademark and affixed the same on 9 units of DCL 165 Filter Drier not manufactured by Danfoss A/S which trademark right subsists in favour of Danfoss A/S.

Danfoss is a Danish engineering firm manufacturing a wide range of machinery and other electrical products.

In count 1, it was alleged that the defendants, “with intent to defraud, forged Danfoss trademark and affixed the same on 9 units of DCL.165 Filter Drier not manufactured by Danfoss A/S which trademark right subsists in favour of Danfoss A/S.”

The offence contravened sections 3(1), 3(3(a) and (c) of the Merchandise Marks Act, 2004.

In another count, they allegedly, with intent to defraud, “falsely applies unto 7 units of 303 Filter Drier not manufactured by Danfoss A/S trademark and marks so nearly resembling the trademark and marks of Danfoss A/S as to be calculated to deceive.”

The offence contravened sections 3 (1) and 3(3)(a) and (c) of the Merchandise Marks Act, 2004.

In counts 47, they were accused of “with intent to defraud, applying false trade descriptions unto 2 units of THX 20 Elements for Expansion valve not manufactured by Danfoss A/S”, thereby contravening sections 3 (1) and 3(3a) of the same Act.

In Count 49, they allegedly, “without lawful authority and with intent to defraud, did sell and expose for sale and have in your possession for sale and for purpose of trade 2 units of TEX 20 Elements for Expansion valve not manufactured by Danfoss A/S to which forged Danfoss trademark and false trade descriptions were applicd and to which trademark or mark so nearly resembling the trademark and marks of Danfoss A/S as to be calculated to deccive were falsely applied,” contrary to section 3(2) and 3(3)(a) of the Act.

The defendants pleaded not guilty.

Approving Nnoli’s bail application, Justice Lifu held: “The Defendant/Applicant is hereby admitted to bail in the sum of N10 Million with two (2) sureties each in the like sum.

“The Defendant shall deposit his international passport with the Deputy Chief Registrar of this Court.

“The Defendant shall be kept at Ikoyi Correctional Centre until bail terms are perfected.

“This suit is adjourned to the 25th day of January, 2022 for hearing.