An Abuja-based graduate, Paul Oche, has filed a N1.5 billion suit
against the Nigerian Breweries PLC over alleged copyright infringement.
Oche, in a suit filed before Justice Binta Nyako of the Federal High
Court, Abuja, is claiming a sum of N1 billion as aggravated and
exemplary damages against the company for unlawfully, capriciously,
maliciously, and contemptuously infringing on his copyright in the
intellectual literary work, titled; “The Amstel Factor; an Amstel Malta
Guide on How to Be the Best You Can Be.”
In the suit instituted through his counsel, Paul Ekweume, the plaintiff
is also claiming another sum of N500 million as general damages over
unlawful use of his copyright.
Besides monetary demands, the plaintiff sought an order of perpetual
injunction, restraining the defendants, their agents, servants, and
privies from further infringing by way of unlawful use, adaption, and
derivation on his copyright.
While the Nigerian Breweries PLC is the 1st defendant, DDB South Africa,
Mr samsomp Oloche, and Heineken BV Netherlands are 2nd to 4th defendants
respectively.
In his statement of claim, Oche averred that he authored the Amstel
Factor Book as well as a proposal and PowerPoint presentation made to
promote the Amstel Malta drink brand.
As part of efforts to promote the Amstel Malta brand in Nigeria, the
plaintiff claimed that the brewery launched a new credential campaign
sometimes in 2016 with the slogan: “Why Add More” and published it on
all its social media forums, websites, and billboard adverts as well as
videos and graphic designs based on the campaign.
He further claimed that he spent several years engaging in various
intensive academic researches and eventually gathered the necessary
materials which culminated in his writing a book: “The Amstel Factor, An
Amstel Malta Guide on How to Be the Best You Can Be;” a proposal and a
PowerPoint designed to pictorially and graphically demonstrate his works
on the electronic media, television and motion pictures.
He said that in 2015, he traveled to the breweries’ headquarter in Lagos
and submitted the book and the proposal to the Brand Manager, adding
that after the submissions, he waited patiently for a formal invitation
by the company to deliver his campaign but was not given acknowledgment
of receipt of his book.
The plaintiff said in February 2016, he visited the LinkedIn online
profile of one Samson Oloche, the 3rd defendant in the suit, who at the
time was the Consumer and Market Intelligence, Digital and Media Manager
of the company.
He further averred that he informed the said Oloche how he submitted a
proposal in 2015 to Amstel Malta Brand Manager but did not receive any
response, adding that the 3rd defendant provided him with his email
address, where he then forwarded the PowerPoint presentation and
proposal and that he got a promise that the right person in the
breweries would see and evaluate his work.
He stated that in 2016, he stumbled upon a new Amstel Malta campaign
online tagged: “Why Add More.”
He added that without seeking his permission, the breweries used his
literary work in the brand campaign and refused to give credit to his
work.
Oche further stated that a complaint was lodged with the Nigerian
Copyright Commission and that series of meetings were held during which
the 3rd defendant admitted receiving the Amstel Malta Brand campaign
proposal and PowerPoint presentation but later claimed to have deleted
the materials and that he did not submit it to the appropriate
authority.
At the mention of the case on Tuesday, the plaintiff, through his
counsel, Ekweume, said he filed a motion on notice for an Interlocutory
Injunction, restraining the defendants from further use of his copyright
in the activities of the giant brewery lined up for the year.
Although counsel to the 1st, 3rd and 4th defendants, Amina Ibrahim, said
she had not been served with the motion, the claim was found to be
false.
Counsel to the 2nd defendant, Joseph Osayande, who admitted service of
the motion on Dec. 4, asked for time to respond.
Following a bitter complaint on the alleged continuous infringement of
the copyright and the refusal of the respondents to admit
responsibilities, Justice Nyako ordered status quo to be maintained by
parties in the suit.
She noted that issues had been joined in the suit.
The judge, who directed the company to continue the sale of the already
packaged branded Amstel Malta, ordered that further campaign on the new
branded Amstel Malta being handled by DDV of South Africa be put on hold
pending the determination of the main suit.
Justice Nyako got infuriated when Osayande, counsel to DDB of South
Africa, challenged the order of status quo, prompting the judge to warn
the lawyer and his client against flouting the order of the court.
“If you campaign on the subject matter of this suit, it is contempt of
court.
“I will descend heavily on you as a counsel because I have warned you
and have cautioned you in the open court on the consequences of
prejudicing the court,” she held.
The judge adjourned the matter until Jan. 20 for hearing.(NAN)