The Chartered Institute of Arbitrators Incorporated in the United Kingdom has won a court battle to restrain the Chartered Institute of Arbitrators of Nigeria from operating with its name, logo and other symbols of the association.
The judgement was secured at a federal high court in Lagos which ordered the Nigerian arbitration body to deliver up all books, letterheads, certificates, training and other materials in its custody and possession bearing the name Chartered Institute of Arbitrators (Nigeria) to the deputy sheriff of the court for immediate destruction.
The court pronouncement is sequent to a suit brought by the top UK arbitration body against its Nigerian counterpart alleging that the latter organization is illegally masquerading as a local affiliate through the open use of its name, logo and membership grades — namely, Associate, Member and Chartered Arbitrators.
The plaintiff alleged that as a world recognized institute with multiple branches across the globe, it gave the green light to its Nigerian members to use its name and logo and form a Nigerian branch after several requirements have been met. Subsequently, the group applied to be registered as the Chartered Institute of Arbitrators of Nigeria under under part C of the Company and Allied Matters Act.
At the same time, the defendant, who had earlier registered under the name Association of Arbitrators of Nigeria Limited in 1988 and again applied on the 25th of July, 2000 to change its name to Chartered Association of Arbitrators (Nigeria) Ltd/Gte also applied to rename itself as Chartered Institute of Arbitrators of Nigeria and their request was granted.
The plaintiff avers that since then the defendant has advertised itself in national dailies using the plaintiff’s name and logo in an act tantamount to deceiving the general public that the defendant organization is the local branch of the plaintiff.
The Plaintiff submitted that the defendant’s activities caused damages to the goodwill of its business and left the plaintiff’s genuine local members without a recognized umbrella body in Nigeria.
However the defendant sought to dismiss the claims put forward by the plaintiff, averring that it does not need the plaintiff’s consent to use the name Chartered Institute of Arbitrators of Nigeria.
After listening to the arguments of learned counsel on both sides, the presiding judge Justice Mojisola Olatoregun delivered judgement in favour of the plaintiff while dismissing the arguments and counter claims put forward by the defendant.
She gave an order of perpetual injunction “restraining, the defendant, its agents, privies assigns or any other person and/or body from further using the name ‘Chartered Institute of Arbitrators (Nigeria)Ltd/Gte’, a name by which the Plaintiff is globally known) or using the logo and membership grades, including the accompanying acronyms of the Plaintiff either in books, letterheads, training and other materials used by the defendant.
“The defendant is hereby ordered to deliver up to the deputy Sheriff of the Federal high court for destruction, all books, letterheads, certificates, training, and other materials in its custody and possession bearing the name ‘Chartered Institute of Arbitrators (Nigeria)'”.