The Federal High Court sitting in Abuja has invalidated the registration and unauthorized use of the Sanofi trademark by three Nigerian companies and has ruled that they must pay damages.

Justice James Omotosho, the presiding judge, delivered the judgment in a lawsuit filed by the French multinational pharmaceutical and healthcare company, Sanofi S.A., headquartered in Paris.

Omotosho determined that the use of the Sanofi trademark by three Nigerian companies – Sanofi Integrated Services Limited, Sanofi Nigeria Enterprises Limited, and Sanofi Nigerian Enterprise – was illegal.

The court also imposed damages against the companies for wrongfully interfering with the use of the firm’s trademark.

Sanofi S.A. had lodged a complaint with the Nigerian Company Registry, the Corporate Affairs Commission (CAC), in 2019, demanding that the three Nigerian entities change their company names voluntarily.

In response, the CAC ordered Sanofi Integrated Services Limited, Sanofi Nigeria Enterprises Limited, and Sanofi Nigerian Enterprise to change their names voluntarily, as the use of the registered trademark “Sanofi” in their company names infringed upon the pharmaceutical company’s trademark rights. However, the companies refused to comply.

In the absence of a response from the three Nigerian companies, Sanofi S.A. initiated legal proceedings before the Federal High Court to protect its rights.

After carefully evaluating all the evidence presented by the plaintiff, Omotosho upheld the previous decision of the CAC and ruled decisively in favor of Sanofi S.A.

The court awarded damages and issued injunctions against the infringing business entities: Sanofi Integrated Service Limited, Sanofi Nigeria Enterprises Limited, and Sanofi Nigerian Enterprise.

This decision holds particular significance for internationally recognized brands, as the court also directed the Corporate Affairs Commission (CAC) to cancel or withdraw the registration of the infringing business entities from its registers if they failed to comply with the court’s order within two weeks from the date of the judgment.

The ruling also sets a precedent for applicants to seek the deregistration of a business entity whose name has been deemed infringing.

This landmark decision serves as a significant milestone for Sanofi S.A. in safeguarding its intellectual property rights in the Nigerian market.

Sanofi S.A., in a statement, emphasized its commitment to vigorously protecting its brand while upholding the highest standards in the pharmaceutical industry and maintaining a strong focus on patient safety.

“Sanofi S.A. maintains a zero-tolerance approach to trademark counterfeiting. The decision is expected to discourage third parties from incorporating established trademarks as part of their company names,” the company stated.

Sanofi S.A. was represented by the legal team of Stren & Blan Partners, consisting of Amala Umeike, Chiemeka Ohajionu, and Emmanuel Ughanze, who were instructed by IPvocate Africa.