Chibudike Anene

Acted as Lead Counsel to a global consulting firm in a landmark intellectual property dispute before the Federal High Court of Nigeria concerning the unauthorised incorporation and use of the trade mark by an adverse party. The company's trade mark is registered and protected in Nigeria and numerous jurisdictions globally. The adverse party adopted our client's registered trade mark as part of its corporate name in violation of the relevant sections of the Companies and Allied Matters Act 2020 and Trade Marks Act, creating a false association with our client and infringing its statutory and proprietary rights. Upon discovering the infringement, we adopted a multi-layered enforcement strategy combining regulatory intervention with court proceedings. We first petitioned the Corporate Affairs Commission, which, on three separate occasions in May, July, and September 2023, directed the adverse party to change its infringing corporate name. Upon failing to comply, we commenced proceedings before the Federal High Court by Originating Summons, seeking declaratory, injunctive, and ancillary reliefs. We successfully demonstrated that the incorporation and continued use of the infringing name violated our client's exclusive trade mark rights under the Trade Marks Act and contravened the provisions of the Companies and Allied Matters Act 2020. We also sought an order compelling the adverse party to change its corporate name, a perpetual injunction restraining any further use of the mark, and damages for the infringement. The Federal High Court delivered judgment in our favour, granted all the reliefs sought, and awarded damages against the adverse party. Following the judgment, we took further steps to ensure full enforcement by applying to the Corporate Affairs Commission to strike off the adverse party from the Companies Register. The Commission complied, bringing the infringement to a definitive end. This matter demonstrates our ability to integrate regulatory enforcement with strategic litigation to secure comprehensive protection for globally recognised brands. Beyond protecting our client's trade mark rights, the decision reinforces the statutory prohibition against the unauthorised incorporation of companies bearing registered trade marks and strengthens confidence in Nigeria's intellectual property enforcement regime.

Acted as Counsel to a global leader in sanitary products and plumbing technology in an appeal before the Federal High Court of Nigeria challenging the decision of the Trade Marks Tribunal permitting the registration of a conflicting trade mark in Class 19 despite our opposition. Although our client's mark was registered in Class 11, we maintained that the goods were of the same description, targeted the same consumers, and were sufficiently related to create a likelihood of confusion. We developed a comprehensive appellate strategy centred on both substantive trade mark principles and procedural compliance. We demonstrated that the competing marks were visually, phonetically, and conceptually similar and that the registration of the conflicting mark would likely mislead consumers into believing that the goods originated from, or were associated with, our client. We also relied on procedural irregularities during the opposition proceedings, including the adverse party's failure to file its Counterstatement within the prescribed time, to challenge the validity of the Tribunal's decision. The appeal sought orders setting aside the Tribunal's decision, cancelling the acceptance of the conflicting application, affirming our client's exclusive rights in its registered trade mark, and refusing the registration of the conflicting mark. The Federal High Court delivered judgment in our client's favour and granted all the reliefs sought. This matter demonstrates our expertise in complex trade mark litigation and appellate advocacy, particularly in disputes involving similar goods across different classes. The decision reinforces the principle that trade mark protection extends beyond the Nice Classification where goods are of the same description and likely to cause consumer confusion, thereby strengthening protection for brand owners in Nigeria.

Acted as Lead Counsel to a leading multinational tobacco company in a trade mark infringement action before the Federal High Court of Nigeria arising from the unauthorised manufacture, distribution, and sale of products bearing our client's registered trade mark. Before commencing proceedings, we conducted extensive multi-month investigations to identify the source of the infringing products and uncover the distribution network operating within Nigeria. Our investigations traced the supply chain from local distributors to original equipment manufacturers (OEMs) in China, enabling us to establish the adverse parties' involvement in the manufacture, importation, and distribution of the infringing goods. The evidence gathered formed the foundation of our enforcement strategy. Given the substantial risk that the infringing products and related evidence would be concealed or destroyed upon notice of the proceedings, we applied for an Anton Piller Order authorising the preservation, inspection, and seizure of the infringing goods. Such orders are granted only in exceptional circumstances under Nigerian law and require compelling evidence of infringement, serious potential damage to the claimant, and a real risk of destruction or dissipation of evidence. The Federal High Court granted the Anton Piller Order, accepting our evidence and legal submissions. We subsequently coordinated the simultaneous execution of the Order with law enforcement authorities across multiple locations, resulting in the seizure of over 300 packs of infringing products and the preservation of critical evidence for the substantive proceedings. This matter demonstrates expertise in combining complex investigations, cross-border evidence gathering, and strategic interim applications to protect globally recognised brands. It also highlights the ability to secure exceptional interlocutory relief and execute coordinated enforcement operations against sophisticated counterfeit and parallel distribution networks in Nigeria.

Represented a leading multinational manufacturer of electrical products in an intellectual property infringement suit before the Federal High Court of Nigeria. The adverse parties adopted corporate names and trade marks that were deceptively similar to our client's registered trade mark and also applied to register the infringing marks with the Trade Marks Registry, creating a likelihood of confusion and infringing our client's intellectual property rights. Given the commercial importance of securing a timely resolution, we adopted a strategic approach by commencing the action through an Originating Summons and limiting the reliefs sought to the interpretation of the relevant provisions of the Companies and Allied Matters Act 2020 and the Trade Marks Act. This approach enabled the matter to be determined without the need for oral evidence or a full trial, while presenting complex procedural considerations that required careful framing to ensure the dispute was suitable for determination by Originating Summons. Before commencing the proceedings, we conducted extensive investigations and built a robust evidential foundation for the claims. We also sought critical reliefs, including the deregistration of the infringing corporate names, the withdrawal of conflicting trade mark applications, and injunctive orders restraining the continued use of the infringing marks. In less than 24 months after the commencement of the proceedings, the Federal High Court delivered judgment in our client's favour, determined all the issues in dispute in our favour, and granted all the reliefs sought. This matter demonstrates the effectiveness of combining thorough investigations with strategic procedural choices to secure timely and comprehensive protection of intellectual property rights. It also reinforces the availability of innovative litigation strategies for resolving complex trade mark disputes efficiently under Nigerian law.

• Copyright & related rights
• Designs
• Intellectual property

• Computer technology & services
• Electrical
• Fashion & luxury goods
• FMCG
• Professional services

• LL.B, Nnamdi Azikiwe University, 2018
• B.L, Nigerian Law School, 2019

• Nigerian Bar, 2019