Business
Court Rules in Favor of Citilink Accesscorp, Orders MTN to Pay N840m for Trademark Infringement
- The court ordered MTN and the Registrar to pay N770 million in damages to Citilink Accesscorp.
- Citilink also requested a perpetual injunction to prevent MTN and the Registrar from issuing or registering any similar marks.
- He also granted a perpetual injunction restraining MTN from using the ‘WEBPLUS’ trademark.
In a recent ruling, Justice Daniel Osiagor of the Federal High Court in Lagos found MTN Nigeria Communications Ltd. and the Registrar of Trademark, Patent & Designs guilty of infringing on Citilink Accesscorp Limited’s registered trademark “WEBPLUS.”
Eko Hot Blog gathered that the court ordered MTN and the Registrar to pay N770 million in damages to Citilink Accesscorp.
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The court established that Citilink Accesscorp lawfully registered “WEBPLUS” under Class 9 of the Trademark Registry.
Consequently, Justice Osiagor issued a perpetual injunction preventing MTN and the Registrar from registering or issuing any certificates for “WEBPLUS,” “WEB+,” “MTN WEBPLUS,” or any similar variations under Classes 9, 16, and 38.
In suit FHC/L/CS/1124/2014, Citilink Accesscorp, represented by its counsel Azubuike Obiekwe, sought “a declaration that it is the sole legal owner of the WEBPLUS trademark under Registration RTM No. 65162”.
It prayed the court to hold that MTN’s use of “MTN WEBPLUS” or “WEB+” constitutes trademark infringement.
In addition to seeking the court’s recognition of their ownership, Citilink also requested a perpetual injunction to prevent MTN and the Registrar from issuing or registering any similar marks.
Conversely, MTN’s legal team, led by Fidelis Adewole, argued that their use of the mark fell under honest concurrent use, claiming no deceptive intent.
However, Justice Daniel Osiagor rejected MTN’s defence and ruled in favor of Citilink, awarding N840 million in general damages to compensate for loss of business and brand dilution from 2014 to 2025.
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“An additional 15 per cent annual interest will be applied until the judgment is fully paid,” the judge held.
He also granted a perpetual injunction restraining MTN from using the ‘WEBPLUS’ trademark.
Justice Osiagor refused a request for special damages, including legal fees, due to insufficient proof.
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