Sheriffs of the Federal High Court, Lagos on Thursday raided a Lagos office of online bookmaker Bet9ja and recovered a seal suspected of infringing the copyright of Lotto9ja Ltd, owned by rival bookmaker, Western Lotto Nigeria Ltd.
The raid followed an Anton Piller injunction granted by Justice Taiwo Taiwo of a Federal High Court in Abuja on August 8, 2019, in favour of Western Lotto.
An Anton Piller order authorizes an applicant to search premises and seize evidence without prior warning.
TheLgostimes gathered that Bet9ja is owned by businessman, Kunle Soname while Lotto9ja is owned by politician cum businessman, Senator Buruji Kashamu.
Justice Taiwo had granted the order in the suit marked FHC/ABJ/CS/925/2019 following an ex parte application by Western Lotto through its counsel, Oluwole Olanipekun (SAN).
Applicants in the suit are Western Lotto Nigeria Limited and Lotto9ja Limited, while the respondents are the Registrar of Trademarks, K. C. Gaming Networks Limited (owners of Bet9ja) and K. C. Lottery Company Limited.
The order, which gave a right to search premises and seizes evidence without prior warning, was executed by the sheriffs and Western Lotto officials at the Bet9ja premises, No 9 Funsho Williams Avenue, Surulere, Lagos.
The applicants informed the judge that Western Lotto launched a new company in July known as “Lotto9ja” after registering with the Corporate Affairs Commission (CAC) and the office of Trademark at the Federal Ministry of Trade and Investment.
It averred that in the course of preparing for the launch, it discovered that K.C. Gaming Networks Ltd was also planning to use the same name that it registered with the CAC.
It further averred that through its lawyers, it warned K.C. Gaming Networks to desist, but the company allegedly continued to brand its POS terminals, T-shirts and other souvenir with the Lotto9ja trademark.
The applicants sought an Anton Piller order and prayed the court to, among others, restrain the defendants.
Upholding their application, Justice Taiwo held: “An order of Anton Piller Injunction, is hereby made directing the 2nd and 3rd Defendants, to forthwith permit the Sherriff to enter and search the 2nd and 3rd Defendants’ premises located at 9, Funsho Williams Avenue, by Fire Service Station, Ojuelegba Bus Stop, Lagos.
The order also authorized the Sherrif to search “any other premises and sales/storage outlets anywhere in Nigeria belonging to the 2nd and 3rd Defendants or any of their agents operating under the name “Bet9ja” or “Lotto9ja” for the purpose of taking possession of all products, equipment and products branded and/or sold in the name/brand “Lotto9ja” (or its variants “9ja lotto”, lottoniaja”, “naijalott”) and removing them therefrom into the custody and possession of this Honourable Court pending the hearing and determination of this action.”
The judge also restrained the Registrar of Trademarks from “accepting, publishing or approving any other application for the registration of the trade/business name “Lotto9ja” or it variants “9ja lotto” “Lottonaija” as trademarks or part of any trademarks, pending the hearing and determination of the motion on notice.”
The judge fixed August 22, for hearing of the substantive suit.