Havells Indian Wins Landmark Trade Infringement Case Against Nigerian Entity

Kasim Sumaina in Abuja

Havells India Limited, a world-renowned electrical and electronics manufacturer and the owner of global brands like Havells, Lloyd, Reo, Crabtree and Standard, has achieved victory in a trade mark infringement case at the Federal High Court of Nigeria.

The Court Judgment, Havells said, is a testament to its unwavering commitment to protecting its intellectual property, underscores the company’s standing as a stalwart in the electrical goods industry.

Facing off against MDC Havels Products Limited in FHC/L/CS/1295/2023: Havells India Limited v Corporate Affairs Commission & Anor, the legal battle centred on the unauthorized use of Havells’ well-known trademark by the Nigerian entity, MDC Havels Products Limited in its company name in Nigeria.

Havells India Limited, represented by the Nigerian Law Firm of Stren & Blan Partners, noted it first challenged the registration of MDC Havels Products Limited by urging the Corporate Affairs Commission to direct the company to change its name, and subsequently
initiating legal proceedings at the Federal High Court for the Court to compel the Corporate Affairs Commission to strike off the name of MDC Havels Products Limited
from the Register for infringing on its trade marks. On 23rd January 2024, the Federal High Court presided over by Justice Allagoa, delivered a decisive Judgment after thorough consideration of the evidence presented by Havells.

The case was an interesting blend of misuse of the brand “Havells” not only as a trademark but also as a part of Justice Allagoa affirmed the well-known status of Havells’ trademarks and unequivocally declared the use of the name “MDC Havels Products Limited” as an infringement on the HAVELLS trade mark, violating the provisions of the Companies and Allied Matters Act 2020, specifically sections 30(4) and 852.

The Court, in its Judgment,
mandated the Corporate Affairs Commission to expunge and strike off the company’s name, MDC Havels Products Ltd, the extent it uses the word “Havels” from the Register of Companies, showcasing a commitment to upholding the sanctity of intellectual property rights in Nigeria.

In addition to the legal victory strategised by its in-house counsel Harsh Aggarwal and Roma Arora, Havells further hinted that it secured damages to the extent of 50 million Naira and injunctions against MDC Havels Products Limited, sending a clear message against trademark
counterfeiters.

This monumental decision it added, not only reaffirms Havells India Limited’s dedication to maintaining the highest standards in the electrical goods industry but also serves as a pivotal milestone in safeguarding its intellectual property rights in the Nigerian market.

“Havells manufactures high-quality life-saving electrical devices like circuit breakers, isolators etc. Counterfeits of such products have significant safety risks to households.

They lack internal safeguards, resulting in a significant risk of fire, explosion, and danger to human life and safety.
Havells India Limited was represented by the Stren & Blan Partners team led by Amala Umeike, and Chibudike Anene.”