Examining the Tort of Passing Off and Unfair Competition in Nigeria’s Consumer Goods Sector

The tort of passing off protects traders from competitors who misrepresent their goods as those of the plaintiff, yet the application of this tort in Nigeria's consumer goods sector has not been comprehensively analysed in light of recent developments in Nigerian and comparative law. This study examines the application of the tort of passing off and emerging unfair competition principles in Nigeria's fast-moving consumer goods sector, focusing on Lagos, Kano, and Onitsha as major commercial hubs. Using a mixed-methods analytical approach, the research reviews 45 passing off and trade mark cases decided by Nigerian courts between 2018 and 2024 and conducts interviews with 20 intellectual property litigators and 15 brand managers in the consumer goods industry. The study evaluates the three-part Jif Lemon test of goodwill, misrepresentation, and damage as applied in Nigeria and examines whether Nigerian courts have moved towards recognising a broader tort of unfair competition that goes beyond classic passing off scenarios. Findings reveal that Nigerian courts consistently struggle with goodwill assessment in markets characterised by informal trading and that remedies awarded in passing off cases do not adequately compensate plaintiffs for reputational damage. The research contributes an original analysis of passing off jurisprudence in Nigeria's informal commercial economy. Recommendations include the introduction of an unfair competition provision in the Trade Marks Act, enhanced enforcement mechanisms for intellectual property rights in informal markets, and judicial training on economic harm assessment. Keywords: passing off, unfair competition, trade marks, consumer goods, intellectual property