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COMEDIAN DRAGS MTN TO COURT OVER UNAUTHORIZED CONTENT PUBLICATION
A Lagos based comedian Femi Edwards, trading under the name and style of
Mayphem International has dragged a mobile communications giant MTN
Communications limited before a Federal high court in Lagos South West
Nigeria for alleged pass off of his works.
Mayphem International has dragged a mobile communications giant MTN
Communications limited before a Federal high court in Lagos South West
Nigeria for alleged pass off of his works.
In a statement of claim filed before the court by a Lagos lawyer,
Barrister Chuks Nwachukwu, of indemnity partners, it was alleged that,
In 2009 Femi Edwards started a platform that promotes the comedy
industry called ‘komicRELOADED’ The following year, he rebranded to
‘Comedy+’and has maintained the brand ever since with sales outlets
across the whole of the territory of Nigeria.
The plaintiff averred further that he has engaged in various comedy
and general entertainment production, promotion and marketing
activities under the ‘Comedy+brand over the years, By reason of the
aforesaid the brands ‘Comedy+’and ‘Comedyplus ‘ have come to be
associated with the plaintiff.
On March 17.2017,MTN launched a digital platform where it
advertised the intent to continued 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.
The said act and conduct of the defendant were calculated to deceive and mislead the general public.
The defendant was alleged to have 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.
Consequently the plaintiff, while urging the court to restrain the
defendant and its agents from producing and marketing the plaintiff ‘s
brand, is also asking for damages. However in a statement of defence filed before the court by
Barrister Fred Onuobia the defendant while denying almost all the
averment of the plaintiff, the defendant stated that the MTN launch of
MTN ‘s Video on demand service was not calculated to deceive or mislead
comedy artist or anybody and has not misled the public in believing
that MTN’s services are being carried out with collaboration of the
plaintiff,
It was further averred that MTN’s “Comedy+”is a video on demand
service for comedy content provided to mobile device subscribers, in
contrast, the plaintiff does not provide similar services.
MTN assert that the plaintiff is not entitled to restrain MTN or its
agents from using “Comedy+ in the lawful promotion of its trade,
therefore the plaintiff is not entitled to any damages or an account of
profits which have been made by MTN in the lawful prosecution of its
business, in the use of MTN Comedy+ or at all.
Consequently, MTN urged the court to dismiss the suit with substantial cost.
The presiding judge Professor Chuka Obiozor has adjourned till May9,2018 for hearing.
service for comedy content provided to mobile device subscribers, in
contrast, the plaintiff does not provide similar services.
MTN assert that the plaintiff is not entitled to restrain MTN or its
agents from using “Comedy+ in the lawful promotion of its trade,
therefore the plaintiff is not entitled to any damages or an account of
profits which have been made by MTN in the lawful prosecution of its
business, in the use of MTN Comedy+ or at all.
Consequently, MTN urged the court to dismiss the suit with substantial cost.
The presiding judge Professor Chuka Obiozor has adjourned till May9,2018 for hearing.
