Sabinus demands N1bn from beverage firm over trademark infringement

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Nigerian comedian, Chukwuemeka Emmanuel, popularly known as Oga Sabinus, has requested for N1billion in damages from Friesland Foods Wamco Nigeria Plc over alleged infringement on his intellectual property.

This demand was contained in a lawsuit filed against the beverage company by Sabinus’ lawyer, Stanley Alieke.

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Friesland Foods Wamco Nigeria Plc is the maker of Peak products including Peak Milk.

In an advert posted on Instagram on Tuesday, May 24, 2022, Peak Milk had used the famous phrase ‘something hooge’ to promote their product.

Addressing the company through his lawyer, the skitmaker noted that he had trademarked the phrase and therefore demanded for the sum as compensation and damages.

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The letter dated May 27 read, “Our client briefed us and we believe the same to be true that your company, Friesland Foods Wamco Nigeria Plc, used a trademarked slogan ‘Something Hooge’ for the promotion of your Peak Milk product.

“The advert which was made on the Peak Milk Nigeria verified Instagram page (peak_milk) was posted on the 24th day of May 2022 which was used to promote the Peak National Breakfast Week.

“It will interest you to know that the phrase ‘something hooge’, which was popularised by our client, has been trademarked and legally reserved as his intellectual property by the Federal Ministry of Trade and Investment.”

It continued, “The said slogan was trademarked on the 26th of November 2021 with the file number: NG/TM/O/2021/48316. 10. On this note, we make the demand for the payment of the sum of Five Hundred Million Naira (N500m) as compensation for the unauthorized use of the intellectual property belonging to our client.

And another five hundred million Naira for damages for the trauma; emotional, physical, psychological, and mental trauma our client has suffered for the Trademark theft and infringement of his intellectual property rights.”

Similarly, Sabinus has also demanded a sum of N100m from UAC Foods, makers of Gala sausage roll, over unauthorised usage of his image in one of their adverts.

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The notice dated 25th of May read, “Your company UAC Food Ltd. has been using the brand picture and other intellectual properties of Sabinus to make adverts for your Gala sausage roll without the consent or authorization of our clients,” another notice read.

“You made a post on your verified Instagram handle (gala sausage roll), on the 23rd of May, 2022 with the picture of our client. The post which was a cartoon of our client was captioned ‘the way I calculate everything in my life’.

“We demand that you pay our client the sum of one hundred million Naira (N100m) for the use of the picture which is the average fee our client charges for his picture to be used for adverts and promotions.”

Recall that the jokester was recently crowned the ‘Best Online Content Creator’ at the Africa Magic Viewers Choice Awards (AMVCA) beating the likes of Mr Macaroni, Eden Victor, Tee Kuro, Bukunmi Adeaga-Ilori, Jacqueline Suowari, and Elozonam.

 

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