The Federal High Court in Lagos has ruled against MTN Nigeria Communications Ltd., ordering the telecom giant and the Registrar of Trademark, Patent & Designs to pay N840 million in damages for infringing on Citilink Accesscorp Limited’s registered trademark, “WEBPLUS.”
Delivering the judgment, Justice Daniel Osiagor found MTN guilty of unauthorized use of the “WEBPLUS” trademark, which Citilink legally registered under Class 9 of the Trademark Registry. The ruling enforces a perpetual injunction preventing MTN and the Registrar from issuing or registering any variations of the name, including “WEB+,” “MTN WEBPLUS,” or similar marks under Classes 9, 16, and 38.
Legal Battle Over Trademark Rights
The lawsuit, filed under Suit No. FHC/L/CS/1124/2014, saw Citilink Accesscorp, represented by Azubuike Obiekwe, asserting its exclusive ownership of the “WEBPLUS” trademark under Registration RTM No. 65162. The company argued that MTN’s use of “MTN WEBPLUS” or “WEB+” constituted trademark infringement, brand dilution, and loss of business.
Despite MTN’s defense, led by Fidelis Adewole, claiming honest concurrent use and lack of deceptive intent, Justice Osiagor ruled in favor of Citilink, rejecting MTN’s arguments.
Massive Financial Penalty for MTN
The court awarded Citilink N840 million in general damages, calculated at N70 million per year from 2014 to 2025, for loss of business and brand dilution. In addition, the ruling imposes a 15% annual interest on the judgment sum until full payment is made.
However, the court declined to award special damages, such as legal fees, citing insufficient evidence.
This ruling marks a significant precedent in Nigeria’s intellectual property law, reinforcing the protection of trademark rights against corporate infringement.
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