BusinessNewsSabinus Sues Peak Milk N1bn, Gala N100m Over Unauthorised Trademark Use

Mr. Funny has issued a 14-day ultimatum to two popular food brands to pay him for using his intellectual property or face court actions.

In an Instagram post last Tuesday, May 24, Friesland Food Wamco Nigerian PLC, producers of Peak Milk, had used the phrase ‘something hooge’ in an advertisement.

Displeased with the advert, the skit maker, born Chukwuemeka Emmanuel, sued the popular brand, demanding N1 billion in compensation and damages, noting that the phrase was his registered trademark.

“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 27, and signed by his lead counsel, Stanley Alieke, read.

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 popularised 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 (N500m) 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.”

The West African Pilot also learned that the 27-year-old content creator also demanded a sum of N100m from UAC Foods for the use of his animated image in an advert for their product, Gala sausage roll.

The legal notice 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 authorization of our clients.

“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’.

“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.

“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.”

Oga Sabinus, as he is popularly known, threatened a lawsuit if both companies failed to comply within two weeks from the receipt of the notice.

By Ezinwanne Onwuka (Senior Reporter)

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