Chukwuemeka Emmanuel, also known as Sabinus, has filed a one-billion-naira lawsuit against Friesland Foods Wamco Nigeria Plc for using his trademark’something hooge’ without permission.
Peak Milk advertised their product using the phrase’something hooge’ in an Instagram post on May 24.
Sabinus claimed that the term was his registered trademark and wanted N1 billion in compensation and damages from the corporation via his lawyer, Stanley Alieke.
Sabinus threatened to sue if the brand did not comply within two weeks of receiving the legal notice, according to a legal notice obtained by The PUNCH on Monday.
The legal notice dated May 27 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.”
“The advertisement, which was created on the Peak Milk Nigeria verified Instagram profile (peak milk) on the 24th day of May 2022, was used to promote the Peak National Breakfast Week,” the statement said.
“It may interest you to know that the Federal Ministry of Trade and Investment has trademarked and legally reserved as our client’s intellectual property the phrase’something hooge,’ which was popularized by our client.”
“On November 26th, 2021, the aforementioned term was trademarked with the filing number: NG/TM/O/2021/48316. On this point, we seek payment of the amount of N500 million as compensation for the unlawful use of our client’s intellectual property.
“And additional 500 million Naira in damages for our client’s emotional, physical, psychological, and mental distress caused by trademark theft and violation of his intellectual property rights.”
In a related development, Sabinus has demanded N100 million from UAC Foods for the use of his animated image in a Gala sausage roll advertisement.
Another notice, dated May 25, stated, “Your company UAC Food Ltd. has been using the Sabinus brand picture and other intellectual properties to make advertisements for your Gala sausage roll without the consent or authorization of our clients.”
“On the 23rd of May, 2022, you posted a picture of our client on your verified Instagram handle (gala sausage roll).” Our client’s cartoon was titled “the way I measure everything in my life” in the post.
“We demand that you pay our client N100m for the usage of the photograph, which is the normal cost our client asks for his photograph to be used in advertisements and promotions.”