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Infringement Of Intellectual Property: Oga Sabinus Slams Lawsuit Against UAC, Friesland foods.

 

The Award-Winning Nigerian comedian and skit maker, Chukwuemeka Emmanuel popularly known as Oga Sabinus has threatened to sue a food company, the makers of gala sausage roll, UAC food, and a beverage company, the makers of peak milk brand, Friesland food.

 

 

His reason being that the two companies, UAC and Friesland foods used his picture in an advertisement campaign and his trademark, “something hooge”, in an advert on their social media handles without authorization respectively.

 

 

He alleged that the companies’ acts were an infringement of his intellectual property rights according to the laws governing intellectual properties.

 

 

Oga Sabinus, therefore, slams a demand of N100m and N1bn from UAC food and Friesland food companies respectively in compensation for damages for the unauthorized usage of his intellectual property rights.

 

 

Oga Sabinus, addressing the companies through his lawyer, Mr. Stanley Alieke, threatened a lawsuit if they fail to comply within the given period of 2 weeks, according to the receipt of the legal notice.

 

 

The notice to UAC food company, which allegedly used the animated image of the comedian in an advert campaign for the Gala sausage roll reads:

 

  • “Our client briefed us and we believe the same to be true that 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 client.

 

  • 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 promotion”

 

 

Also, Friesland Food, which used his trademark “something hooge” in an advert on its social media handle received a notice which reads:

 

  • “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 legal notice dated May 27th, 2022.

 

 

It continued,

  • 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 popularized by our client, has been trademarked and legally reserved as his intellectual property by the Federal Ministry of Trade and Investment.

 

  • 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.”

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