Jigsimur Plus Nigeria Limited v. Cleansimur International Limited

Law Cases and Principles

Court: Federal High Court, Lagos Division
Reported Suit No.: FHC/L/SC/1953/25
Year Filed: 2025
Status: Pending
Jurisdiction: Nigeria

Subject Matter: Trademark infringement, industrial design infringement, passing off, unfair competition, misrepresentation and injurious falsehood

Editorial note: The suit number is reproduced as reported by available news sources. It has not been independently verified from the originating court documents.

Parties

Plaintiff: Jigsimur Plus Nigeria Limited
Defendant: Cleansimur International Limited

Counsel for the Plaintiff: Chief (Sir) Ifeanyi Ejiofor, KSC, of I.C. Ejiofor & Co.

Case Summary

Jigsimur Plus Nigeria Limited instituted this action against Cleansimur International Limited over the marketing and sale of a herbal health drink under the name “Cleansimur Gesondheidsdrankie Health Drinks.” The Plaintiff alleges that the Defendant adopted a name similar to “Jigsimur” and used a bottle design, product label and brand presentation that imitated those associated with the Jigsimur health drink. It further alleges that the Defendant used the inscription “Cleansimur by Jigsimur S.A.”

According to the Plaintiff, these acts infringed its claimed trademark, patent and industrial design rights and interfered with its claimed exclusive right to distribute Jigsimur products in Nigeria. It also alleges that the Defendant’s conduct caused consumer confusion, diverted customers and damaged its goodwill and business reputation.

The Defendant’s allegations and defences have not been determined by the Court.

Intellectual Property in Dispute

Intellectual property or productDetails
Plaintiff’s productJigsimur Plus Health Drink
Defendant’s productCleansimur Gesondheidsdrankie Health Drinks
Disputed inscription“Cleansimur by Jigsimur S.A.”
Disputed featuresProduct name, label, bottle design and overall presentation
Bottle sizes identified by the Plaintiff750 ml and 250 ml
Related industrial designNG/DS/NT/O/2025/4804 – Jigsimur Label Bottle Design
Related design applicationNG/DS/NT/O/2025/5718 – Cleansimur Health Drink Label on Bottle Design

Plaintiff’s Claims

The Plaintiff seeks:

  • A declaration that the Defendant’s continued use, promotion, sale and distribution of the Cleansimur product infringes the Plaintiff’s claimed intellectual property and distributorship rights;
  • A declaration that the Defendant’s use of the disputed name, label and bottle design amounts to passing off, unfair competition, unlawful misrepresentation and injurious falsehood;
  • A perpetual injunction restraining the Defendant, its agents, distributors and affiliates from using the disputed name, label and bottle design or otherwise infringing the Plaintiff’s claimed rights;
  • An order directing relevant regulatory authorities, including NAFDAC, the Standards Organisation of Nigeria and the Federal Ministry of Industry, Trade and Investment, to seize and destroy the allegedly infringing products and promotional materials;
  • ₦100 billion in general, exemplary and aggravated damages;
  • ₦200 million in special damages for legal fees, investigations, security expenses, administrative charges and related costs; and
  • Post-judgment interest at the rate of 10 percent per annum until payment of any judgment sum.

Documents Relied Upon

The Plaintiff reportedly filed or identified documents including:

  • A licence issued by the South African Health Products Regulatory Authority;
  • A certificate from the South African Pharmaceutical Council;
  • A South African company-registration certificate;
  • A NAFDAC registration certificate and schedule;
  • Certificates relating to the 750 ml and 250 ml bottle designs; and
  • A witness statement on oath made by Chijioke Ezeli.

Subsequent Administrative Proceedings

The intellectual property rights relied upon in this suit later became the subject of separate proceedings before the Administrative Panel Division of the Patents and Designs Registry. On September 2, 2026, the panel found that Jigsimur Plus had previously served as a sales representative for Jigsimur SA Pty Ltd in Nigeria. It also found that the registration of Industrial Design No. NG/DS/NT/O/2025/4804 had been made in bad faith.

The panel ordered Jigsimur Plus to:

  • Alter the disputed label and bottle design;
  • Stop producing or selling products under the registered design; and
  • Remove “JIGSIMUR” from the design.

It also directed that Industrial Design No. NG/DS/NT/O/2025/5718, titled “Cleansimur Health Drink Label on Bottle Design,” should proceed to registration. The administrative ruling is separate from the Federal High Court action. Its findings may nevertheless affect the intellectual property rights asserted by Jigsimur Plus in the court proceedings.

Case Status

The action was reported in October 2025 as having been filed and awaiting assignment to a trial judge. No publicly available judgment or subsequent court ruling in the suit had been located as of September 6, 2026. The Plaintiff’s claims remain allegations that have not been finally determined by the Federal High Court.

Related Proceeding

Sources