Honeywell Group, a foremost Nigerian conglomerate, has stopped the infringement of its trade name by another company, Honeywell Automation And Control Solution West Africa Limited.
In a statement by the solicitors to Honeywell Group, Chief G. O. Sodipo & Co, the company said it is not related in anyway with Honeywell Automation And Control Solution West Africa Limited and further stated that anyone who deals with Honeywell Automation and Control Solution West Africa Limited does so at his/her own peril and any action taken by them using the name “Honeywell” is deceptive, illegal, a nullity and a violation of a court order.
Citing a court order granted by Justice I. M. Liman of the Federal High Court, Lagos, the solicitors to Honeywell Group said Honeywell Automation and Control Solution West Africa Limited has been restrained from using the name “Honeywell” as part of its company name and has also been restrained from opening its office as advertised in some media.
Similarly, the solicitors to Honeywell Group cited a letter written by the Corporate Affairs Commission to Honeywell Automation And Control Solution West Africa Limited on January 20, 2012 directing it to change its name by expunging the word “Honeywell” within six weeks due to the existence of the trade name ‘Honeywell Group” registered prior to that of Honeywell Automation And Control Solution West Africa Limited.
In the letter, the CAC said it acted in exercise of the powers conferred on it pursuant to Section 31 of the Companies and Allied Matters Act.
The Honeywell Group said the legal action thus taken became necessary in order to avoid any smear on the reputation and goodwill it has garnered over the years, since Honeywell Automation And Control Solution West Africa Limited refused to obey the directives of the CAC.
According to the statement, Honeywell Group emphasised that its trade name “Honeywell” was duly registered as a business name in Nigeria in 1971, almost four decades before the inadvertent registration of Honeywell Automation And Control Solution West Africa Limited, for which the CAC has corrected and reversed itself and has duly directed Honeywell Automation And Control Solution West Africa Limited to equally do so by expunging “Honeywell” from its name.
Furthermore, Honeywell Group noted that since its incorporation in 1971, it has variously registered limited liability companies in its name operating in many sectors of the Nigerian economy, including foods and agro-allied, infrastructure, energy, real estate and services and it was therefore misleading, mischievous and malicious for another company to attempt to ride on its goodwill and reputation by using its trade name without due recourse to it.