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.
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 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.
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 asserts 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.
