Golden Guinea Breweries Plc has won an eight-year-long N10 billion suit against International Breweries Plc and Anheuser-Busch InBev (AB InBev).
The Umuahia Abia State-based brewer had approched the Federal High Court in 2016 demanding general damages in the sum of N10 billion from Pabod Breweries Limited, a company which AB InBev has a controlling equity stake, saying Pabod infringed on its trademark for the production of Eagle Stout.
Justice Stephen Dalyop Pam of the Federal High Court, Port Harcourt Division, ruled on March 6, 2024 after hearing Omolola Aderolu of Johnson Bryant on behalf of Golden Guinea Breweries Plc and S. Nmor for the defendants.
In a four-page court judgment seen by BusinessDay on Thursday, the Federal High Court granted, among others, that Golden Guinea Breweries Plc, as proprietor of the trademark ‘Eagle Stout’, registered as No. 21153 in class 32 at the Nigerian Trade Marks Registry Abuja, and is entitled to an exclusive use of the mark for the production, sale and distribution of the product in the Nigerian market.
Also, the Federal High Court judge ruled in the suit number PHC/PH/CS/647/2016 that Golden Guinea Breweries, as registered proprietor of the trademark ‘Eagle Stout’, is entitled to an exclusive use of the mark for the production, sale, and distribution of the product in the Nigerian market.
An order of perpetual injunction was also granted by the court restraining the defendants and each of those on whose behalf it is used, whether by themselves their directors, officers, servants, agents or privies or any of them or otherwise howsoever from infringing the plaintiff trademark registered as ‘Eagle Stout’; passing off or attempting to pass off or causing, enabling or assisting others to pass off ‘Eagle Stout’ and for the plaintiff’s ‘Eagle Stout’ product by adopting the distinctive word ‘Eagle Stout’ on the packets, packages or bottles of the said product falsely claiming the same to be the product of the plaintiff; as well as producing, importing, selling or offering for sale of distributing the product known as ‘Eagle Stout’.
Golden Guinea Breweries Plc is located on Aba Road, Afara Layout, Umuahia in Abia State, while Pabod Breweries Limited is on 186/187, Trans-Amadi/Elelenwo Bypass, Old Port Harcourt Two, Port Harcourt, Rivers State. The company, which is listed on the Nigerian Exchange Limited (NGX), has 1.003billion ordinary shares of 50 kobo each issued and fully paid.
A look at Golden Guinea Breweries Plc shareholding structure revealed: Abia State Government holds 33,911,264 units or 3.38 percent; Imo State Government, 18,044,208 units or 1.80 percent; Ebonyi State Government, 1,563,591 units or 0.16 percent; Philmontan Nigeria Limited, 31million units or 3.09 percent; Couthinho, Caro & Co. Nigeria Limited, 13.608million units or 1.36 percent; Holsten Baruerei AG Hamburg, 15 million units or 1.50 percent; Floco Verwaltungs-Und, 36,208,000 units or 3.61 percent; Other Nigerian Associations and Citizens, 101,500,937 units or 10.12 percent and Pan Marine Investments Limited has 752.508 million units or 75 percent.
In its 2022 financial year to March 31, Golden Guinea Breweries posted revenue of N2.047 billion as against N1.463billion in 2021, up 40 percent. Though its loss widened by 121 percent to N498.6million from N225.879million in 2021.
The financial report shows the principal activities of the company are brewing, packaging, marketing, and distribution of Golden Guinea lager beer, Golden Guinea Malta, Eagle Stout, Bergedorf lager beer, Golden Malta, Oldsborg lager beer, and Oldsborg Malta.
The company gradually increased business operations in 2022, as it resumed in 2020 financial year the principal activities, with brewing, bottling, and marketing of Golden Guinea Lager beer, Golden Malta, Oldsborg Lager beer, and Oldsborg Malta.
“The Company continues to carry out activities focused on expanding capacities and accelerating penetration across the markets. Also, positive results are being achieved in sourcing the funds and working capital required to accomplish remaining rehabilitation activities and resume operations on all the company’s product lines before the end of the next financial year,” it noted in the financial statement at the NGX.
