Passing Off Brand: MTN Faces Legal War

As a result of the alleged passing off of his works, a comedian
based in Lagos, and trading under the name and style of Mayphem
International, Femi Edwards has initiated an action against MTN
Communications Limited.

The telecommunications firm was dragged before Justice Chuka
Obiozor of a Federal High Court sitting at Ikoyi, Lagos State,
Nigeria.

Edwards in his statement of claim before the judge alleged that
In 2009, he started a platform that promotes the comedy industry
called ‘komicRELOADED’

According to the claimant, he rebranded to ‘Comedy+’ in 2010 and
had since maintained the brand with sales outlets across the whole
of the territory of Nigeria.

Edwards further informed the court that he had engaged in
numerous comedy and general entertainment production, promotion and
marketing activities under the ‘Comedy+brand over the years.

The plaintiff alleged that on March 17, 2017, MTN launched a
digital platform where it advertised the intent to continue to
wrongfully produce, promote, market and pass off comedy shows and
other entertainment not produced, promoted and marketed by the
plaintiff as and for the comedy and other entertainment shows
produced, promoted and marketed by the plaintiff.

While adding that the alleged act and conduct of the defendant
were calculated to deceive and mislead the general public, Edwards
insisted that MTN profited itself from the passing off of the
services and product of the excess of N112.5 billion as presently
known to the plaintiff until search, discovery and inspection.

The plaintiff consequently asked the judge to restrain the
defendant and its agents from producing and marketing the plaintiff
‘s brand.

Edwards also asked the court to award damages in his favour.

But in its defence, MTN denied almost all the averment of the
plaintiff.

The matter has been adjourned until May 9, 2018 for hearing.

As a result of the alleged passing off of his works, a comedian
based in Lagos, and trading under the name and style of Mayphem
International, Femi Edwards has initiated an action against MTN
Communications Limited.

The telecommunications firm was dragged before Justice Chuka
Obiozor of a Federal High Court sitting at Ikoyi, Lagos State,
Nigeria.

Edwards in his statement of claim before the judge alleged that
In 2009, he started a platform that promotes the comedy industry
called ‘komicRELOADED’

According to the claimant, he rebranded to ‘Comedy+’ in 2010 and
had since maintained the brand with sales outlets across the whole
of the territory of Nigeria.

Edwards further informed the court that he had engaged in
numerous comedy and general entertainment production, promotion and
marketing activities under the ‘Comedy+brand over the years.

The plaintiff alleged that on March 17, 2017, MTN launched a
digital platform where it advertised the intent to continue to
wrongfully produce, promote, market and pass off comedy shows and
other entertainment not produced, promoted and marketed by the
plaintiff as and for the comedy and other entertainment shows
produced, promoted and marketed by the plaintiff.

While adding that the alleged act and conduct of the defendant
were calculated to deceive and mislead the general public, Edwards
insisted that MTN profited itself from the passing off of the
services and product of the excess of N112.5 billion as presently
known to the plaintiff until search, discovery and inspection.

The plaintiff consequently asked the judge to restrain the
defendant and its agents from producing and marketing the plaintiff
‘s brand.

Edwards also asked the court to award damages in his favour.

But in its defence, MTN denied almost all the averment of the
plaintiff.

The matter has been adjourned until May 9, 2018 for hearing.