Lex Updates Publications
31/05/2022
ALL THAT YOU NEED TO KNOW ABOUT THE OGA SABINUS THREATENED LAWSUIT AGAINST GALA AND PEAK MILK.
Famous comedian and skit maker Chukwuemeka Ejekwu, also known as Oga Sabinus, has threatened to sue Friesland Foods, the makers of the Peak milk brand, and UAC Foods, the makers of the sausage roll brand Gala, over the unauthorised usage of his trademark. Friesland Foods and UAC Foods are both in the business of producing dairy products.
Below is all that you need to know about the legal notice.
Oga Sabinus, as he is fondly called, is demanding that Friesland and UAC pay him compensation and damages in the amount of one billion and one hundred million naira, respectively, for the use of the catchphrase "something hooge" in an advertisement posted on its social media handle and for the use of his picture in an ad campaign by both companies. Sabinus, through his attorney, issued a warning that he will file a lawsuit against the brands if they did not comply with the legal notice within two weeks of the date it was received.
A look at the court papers shows that the pre-suit notice dated May 27 2022, and signed by his lead counsel Mr Stanley Alieke, the content creator demanded a payment of N500m for the alleged unauthorised use of his intellectual property and another 500m for damages for the “emotional, physical, psychological and mental trauma our client has suffered for the trademark theft and the infringement of his intellectual rights property”.
In the notice, the comedian pointed out that a company belonging to Peak Milk, Friesland Food Wamco Nigerian PLC, used his trademarked slogan “Something Hooge” to advertise and promote their product, Peak Milk.
He pointed out that an advertisement posted on Peak Milk Nigeria's verified Instagram account milk on May 24 2020, used his slogan, which he had trademarked on November 26 2021, under the FILE NUMBER: NG/TM/O/2021/48316.
The legal notice stated, "Our client briefed us, and we believe the same to be accurate that your Company, Friesland Foods Wamco Nigeria Plc, used a trademarked slogan 'Something Hooge' for the promotion of your Peak Milk product."
The legal notice stated, "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."
It continued, “The advert which was made on the Peak Milk Nigeria verified Instagram page (peak_milk) was posted on May 24 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.”
“The post gathered massive traffic and engagements and attracted huge followership to your page, which only happened because the picture of our client was used for the promotion and advert.”
The content creator also threatened legal action against UAC Food Ltd, the company that produces gala sausage, for using his likeness and other intellectual products to advertise their product.
Sabinus revealed that UAC Food on Instagram posted on May 23 2022, with his “picture”. He further noted that the post, which was his cartoon likeness, was captioned, “the way I calculate everything in my life”.
The notice to UAC Foods read dated May 25 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 authorisation of our clients.”
He gave both companies 14 working days to meet his demands or meet him in court.
Source:
1. Skitmaker Sabinus sues peak for using trademark, something hooge. https://guardian.ng/life/skit-maker-sabinus-sues-peak-for-using-trademark-something-hoog. Accessed on 30th of May, 2022.
2. Why comedian Oga Sabinus slammed Friesland, UAC Foods with respective N1 billion, N100 million claims. https://nairametrics.com/2022/05/30/why-comedian-oga-sabinus-slammed-friesland-uac-foods-withrespective-n1-billion-n100-million-claims accessed on 30th of May, 2022.
The Nigerian Senate passed the Arbitration and Mediation Bill ("the Bill") on Tuesday, May 10, 2022, repealing the Arbitration and Conciliation Act Chapter A.18, Laws of the Federation of Nigeria, 2004, which took effect on March 14, 1988. The President of the Federal Republic of Nigeria must now sign the bill.
With the ever-changing scene of international arbitration, international trade, and foreign investment, Nigeria was long overdue for a modern arbitration and mediation law that reflected the times' complexity. Understandably, a thirty-four (34) year-old statute is incapable of fully addressing today's complex arbitration challenges.
The following improvements are included in Bill's innovations:
1. If the material in an electronic communication is available and usable for future reference, it can now be used to construct an arbitration agreement.
2. When no number of arbitrators is given, the default is currently one (1) arbitrator.
3. When a party requests urgent relief, emergency arbitration is permitted.
4. The provisions on the issuing of interim measures of protection by courts and the recognition and implementation of temporary orders issued by a Tribunal were expressly incorporated.
5. It allows arbitrations to be consolidated.
6. It allows parties to connect together.
7. The recognition of foreign arbitral awards is explicitly codified.
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