By Akin Kuponiyi
The Nigeria Olympic Committee (NOC) and the International Olympic Committee (IOC) have dragged a Nigerian company Nutricima, the producer of Olympic Milk before a Federal high court sitting in Lagos over an alleged passing off and infringing on its name “OLYMPIC”
In the ensuing international legal hostility, the NOC and IOC are urging the court to order Nutricima Nigeria Limited Company to pay them them N2 billion as general, exemplary and punitive damages for the unauthorized use, passing off and infringement of “OLYMPIC”and usage of their goodwill, integrity and name without due authorization and licence.
The plantiffs contended that they have suffered as a result of the unauthorized, illegal, wrongful usage of the trade name “Olympic by the defendant for the production of its milk, “Olympic Milk” and organization of its Olympic 5-A side football tournament.
In a 22-paragraph amended statement of claim filed before the court by a Senior Advocate of Nigeria, Mrs Abimbola Akeredolu, the plaintiffs averred that the International Olympic Committee became associated with the trade name “OLYMPIC” as far back as 1894 and by its charter.
They also argued that the Registered Trustees of Nigeria Olympic committee is the authorized user of the International Olympic committee trademark within the territory of Nigeria.
However, they , said they recently became aware that the Nutricima Nigeria Limited Company, without due authorization, consent and approval has been using the exclusive and trade mark name of the Plaintiffs (Olympic) to manufacture and sell milk and organize a Olympic 5-A Side football tournament Nigeria without authorisation.
The plantiffs said a subsequent google search conducted on the website of the and social media handled of the company confirmed that NUTRICIMA has been using the Olympic name for the production of milk, advertisement, promoting, and organizing a 5-A-Side football tournament.
“The exclusive generic name “Olympic” the Defendant is using to manufacture/sell milk, organize Olympic 5-A Side football tournament and advertise same is the same with the exclusive trade name of the Plaintiffs “Olympic” which the wrongful, unauthorized, illegal and unlawful usage is intended to mislead, cause confusion and capable of leading the public to believe that there is a sort of symbiotic association or collaboration between the Plaintiffs and the Defendant or that the Defendant has due authorization of the Plaintiffs to make use of its exclusive and trade name “Olympic” in the manufacture,
Production sale and advertisment of the Milk product called “Olympic Milk”.
The Plaintiffs stated that they caused their solicitors to write a letter of 13th December, 2012 to the Defendant to stop and desist from using the name of “Olympic” to sell and promote its product but the company refused.
“The usage and continued use of the name “Olympic” by the Defendant in the production and sale of the milk product and organizing Olympic 5-A Side football tournament or any sporting event which is the International Olympic Committee’s property has affected the goodwill and integrity the Plaintiffs have built in respect of the name “Olympic” since 1894.
“From all intent and purposes, except the Defendant is restrained by a perpetual order of injunction and made to pay adequate compensation for the passing off, infringement, illegal, unlawful and unauthorized usage of the name “Olympic” the Defendant will continue to use the name “Olympic”
“In epic Footprints magazine,the defendant using P-Square advertise as follows:”The duo has been in Frontline entertainment in Africa.The star singers Peter and Paul Okoye known as P-Square have been dominant Globacom ambassadors and their deals have been a subject of envy among colleagues. One of them, Peter Okoye is the face of Olympic Milk deals swelling their endorsement status.
Consequently the 10C and the NOC asks the court for:
An order that the Defendant pays to the Plaintiffs the sum of N2billion being general, exemplary and punitive damages for the unauthorized use, passing off and or infringement of the Plaintiffs’ name “Olympic” and usage of the Plaintiffs’ goodwill, integrity and name without due authorization and license, for which the Plaintiffs have suffered as a result of unauthorized, illegal, wrongful usage of the trade name “Olympic” by the Defendant for the production of its milk “Olympic Milk” and organizing Olympic 5-A Side football tournament.
An order that the Defendant pays 50% profits it has made from the sale of Olympic Milk for the past 5 years to the Plaintiffs.
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A declaration that from the etymology, usage, custom, trade, Olympic charter, International convention and certification of Incorporation and constitution of the Registered Trustees of Nigeria Olympic committee to the exclusion of any other persons including the defendant,the plaintiffs are and remain exclusive user owner and trade mark owner and trade name worldwide and in Nigeria.
A declaration that the name “Olympic” which the Defendant uses in the manufacture, production, advertisement, and sale of its product called “Olympic milk” and to organize Olympic 5-A Side football tournament, is same with the exclusive and trade name “Olympic” which absolutely by international convention, trade, usage and by Olympic charter, belongs to the Plaintiffs.
A declaration that the Defendant does not have the authority, approval and consent of the Plaintiffs to use their trademark name “OLYMPIC” to produce, sell and advertise the milk product “OLYMPIC MILK” and the usage of the trade mark name without authorization, consent and approval of the Plaintiffs to produce, sell and advertise the milk is an infringement of the trade mark name “Olympic”.
An order of perpetual injunction restraining the Defendant whether by its servants, agents, workmen, staff, assigns and privies from further passing off, infringement of the trade name of the Plaintiffs and using the name “Olympic” for the manufacture, production, distribution, advertisement and sale of its product milk or any other product; and from using the Name Olympic and Olympic properties to organize Olympic 5-A Side football tournament, within the territory of Nigeria except with the due authorization and license of the Plaintiffs.
An unreserved apology against further usage and advertisement of the trademark name to be published in two National Daily Newspapers.
An undertaking and bond not to use the Plaintiffs’ trademark name “OLYMPIC” without due authorization and destruction of all defendants product carrying the plaintiffs trade mark name Olympic and stop forthwith the organization of the Olympic 5-A-side football tournament.
However in its statement of defence, NUTRICIMA denied the allegations by the NOC AND IOC. It asked the court to dismiss the suit for lacking in merit.
The company claimed that the manufacture and distribution of its Olympic Milk brand and sponsorship of the 2016 Olympic Milk Football Tournament did not by any law, statutory or judicial or any contractual principle, require the authorization, permission, consent and/or approval of the Plaintiffs or any other person.
The company also said the high patronage being enjoined by its Olympic Milk brand is due to the fact that its numerous customers are well with its quality and very affordable prices.
It added that the success recorded by its Olympic Milk brand has nothing howsoever to do with the Plaintiffs.
The defendant also said Milk Ventures (UK) Limited is the exclusive proprietor and registered owner of the trade name “Olympic” (“the “Mark” “Olympic”or “Brand Name”) within the territories of the Federal Republic of Nigeria.
It said it duly registered the brand name at The Trademarks, Patents And Designs Registry, Commercial Law Department, Federal Ministry Of Industry, Trade And Investment (“The Trademark Registry”) of the Federal Republic of Nigeria as: Trade Mark No: 21669 in Class 29 in respect of all goods in the class which was registered with the Trade Marks Registry and subsequently renewed for a fourteen year period effective from 03 March 2006 and dated 26 May 2006.
“The Defendant avers that the manufacture and distribution of its Olympic Milk brand within the territories of the Federal Republic of Nigeria and its usage of the Olympic Milk trademark to sponsor and headline sporting events, including the 2016 Olympic Milk 5 Aside football tournament is in lawful exercise of its rights as conferred by the Trade Marks Act.
“The Defendant did not at any time receive any letter or any other form of memo or communication from the Plaintiff, either by itself or through its solicitors or any other person wherein it was requested to stop the use of its Olympic Name or to do or restrain from doing any other thing.
“The Defendant states that, no loss whatsoever has been occasioned to the Plaintiff as a result of the manufacture and distribution of the Olympic Milk brand by the Defendant, consequently, the Plaintiff is not howsoever entitled to any of the reliefs it seeks before this Honourable Court as no circumstance has arisen that warrants a grant of any of such reliefs.
“The Defendant urges the Court to dismiss the Plaintiffs’ reliefs as contained in the Statement of Claim as being preemptive, frivolous, vexatious, and gold-digging.”
(PM News/vitalnewsngr.com)
