Court Orders MTN to pay N770m for Trademark Infringement
Justice Daniel Osiagor of the Federal High Court in Lagos has ordered MTN Nigeria Communications Ltd. and the Registrar of Trademark, Patent & Designs to pay N770 million in damages for infringing on Citilink Accesscorp Limited’s registered trademark “WEBPLUS.”
The court found MTN guilty of unauthorised use of the “WEBPLUS” trademark, which was lawfully registered by Citilink under Class 9 of the Trademark Registry.
Justice Osiagor issued a perpetual injunction prohibiting MTN and the Registrar from registering or issuing any certificates for “WEBPLUS,” “WEB+,” “MTN WEBPLUS,” or any similar variations under Classes 9, 16, and 38.
In suit FHC/L/CS/1124/2014, Citilink Accesscorp, represented by its counsel Azubuike Obiekwe, sought “a declaration that it is the sole legal owner of the WEBPLUS trademark under Registration RTM No. 65162”.
It prayed the court to hold that MTN’s use of “MTN WEBPLUS” or “WEB+” constitutes trademark infringement.
The plaintiff sought a perpetual injunction preventing MTN and the Registrar from issuing or registering any similar marks.
MTN’s legal team, led by Fidelis Adewole, argued that the defence of honest concurrent use applied in this case.
He contended that even if the trademarks were similar, MTN had used the mark without deceptive intent and in good faith, urging the court to dismiss the claims.
Justice Osiagor rejected MTN’s defence and ruled in favour of Citilink, granting general damages of N840 million, calculated at N70 million per year from 2014 to 2025, for loss of business and brand dilution.
“An additional 15 per cent annual interest will be applied until the judgment is fully paid,” the judge held.
He also granted a perpetual injunction restraining MTN from using the ‘WEBPLUS’ trademark.
Justice Osiagor refused a request for special damages, including legal fees, due to insufficient proof.
