Oga Sabinus: Lawyer Explains Why Comedian May Not Win Copyright Infringement Case Against Peak Milk, Gala

An Intellectual Property Rights consultant, Emeeyene Henry Esq., has explained why skit maker Oga Sabinus may not win an infringement case against Peak Milk and Gala if he decides to go to court.

The consultant advised Nigerians not to be nonchalant about their brands.

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In a Facebook post on Tuesday, she said, “I am glad that the Sabinus case has generated alot of interest and discussions about Intellectual property rights protection and registrations in the right classes.

“Now you know that you cannot afford to be nonchalant about your brand. Finally, don’t just register your Trademarks carelessly, ensure that you register in all the classes that covers what your business does.”

THE WHISTLER earlier reported that Sabinus instituted a N1.1bn case against Friesland Foods Wamco Nigeria (Peak milk) and UAC Food LTD (Gala Sausage Roll) for alleged intellectual property theft.

Stanley Alieke, Sabinu’s lawyer, had claimed that the phrase “something hooge,”which was popularized by his client, has been trademarked and legally reserved as his intellectual property by the Federal Ministry of Trade and Investment.

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The lawyer further alleged that using his client’s image for an ad without his permission was a violation of his right.

Reacting to the development, Henry said that while Sabinus registered the Trademark for the words ”Something Hooge”, the problem he might have in court is that the phrase “was registered in Class 36, which is the class for financial Services and Real Estate.”

She added that the company he is threatening to sue is not into real estate and may not be able to convince the court how companies that are not into real estate has violated his right.

She wrote in a different Facebook post:

“It’s currently trending that Sabinus has sued Peak Milk and Gala for Infringement of his intellectual Property Rights.

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“Like i have stated here several times, phrases and slogans can be protected as trademarks to prevent others from using same.

“I have seen a copy of an Acceptance document which shows that Sabinus did infact register the Trademark for the words ”Something Hooge”.

“However, it must be noted that Trademarks are registered and protected in classes. Each Class of Trademark registration covers some particular line of businesses.

“Looking at Sabinus’ s Acceptance letter in circulation, it shows that the mark was registered in Class 36, which is the class for financial Services and Real Estate.

“You can only claim that your mark was Infringed if it was used in the same line of businesses listed in the class in which the Trademark was registered in. The only way to prevent this from happening is by registering in all the Trademarks Classes.

“Friesland Foods is a company which makes food or diary product, using the words “Something Hooge ” in marketing their product does not amount to an Infringement in my opinion. Food products do not fall under class 36.

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“It would have been a different issue if a Bank or a Real Estate firm used the slogan ”Something Hooge” in their advert.”

“I am wondering why he chose to register his trademark in class 36, one would have thought that he would have registered it in the class for Entertainment since he is a Commedian.”

On the issue of alleged Copyright Infringement of his picture, Henry argued that a cartoon character that was used cannot be said to be his real picture.

“Making a caricature of a person and using same is an exception to Copyright Infringement under Fair Use. It is called the Parody or Pastiche rule of exception.

“In the light of the above, Sabinus cannot claim any Copyright Infringement as the Law allows the use of Parody or carricature as exceptions to copyright Infringement,” Henry claimed.

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