Clearing the Jurisdictional tug in the Interface between the Civil Jurisdiction of the Federal and State High Courts in Trademarks Disputes

Abstract

Over the years, the Nigeria courts have been battling with whether it is the Federal High Court or the State High Court that has jurisdiction to entertain an action for infringement of registered or unregistered trademarks. This is the focus of this paper. The paper argues that in matters relating to intellectual property the Federal High Court has exclusive jurisdiction, irrespective of whether the matter has to do with trademarks or passing-off.