EXAMINING THE TORT OF PASSING OFF IN RELATION TO THE PROTECTION OF TRADEMARK IN NIGERIA: AN EXPLORATION OF JUDICIAL PRECEDENT

This research examines the tort of passing off as a mechanism for the protection of trademarks in Nigeria, with particular emphasis on judicial precedent. It highlights the inadequacies of statutory protection under the Trade Marks Act, Cap T13, Laws of the Federation of Nigeria 2004, and explores how the common law remedy of passing off continues to serve as a safeguard for traders and consumers against misrepresentation. The study reviews key Nigerian and foreign case law, to demonstrate the courts’ approach in balancing the interests of brand owners, competitors, and the consuming public. The work adopts a doctrinal research methodology, relying on case law, statutes, international instruments such as the TRIPS Agreement, and scholarly writings. Findings reveal that although Nigerian courts have recognized passing off as a potent tool for the protection of unregistered marks, challenges persist due to procedural delays, evidential burdens, and outdated statutory provisions. The study recommends a comprehensive reform of Nigeria’s trademark regime to harmonize statutory protection with the common law principles of passing off, strengthen enforcement mechanisms, and align domestic law with international best practices. By doing so, the legal framework will better protect brand identity, encourage fair competition, and promote consumer confidence in the Nigerian marketplace.