An Abuja-based graduate, Paul Oche, has filed a N1.5 billion suit
\nagainst the Nigerian Breweries PLC over alleged copyright infringement.<\/p>\n
Oche, in a suit filed before Justice Binta Nyako of the Federal High
\nCourt, Abuja, is claiming a sum of N1 billion as aggravated and
\nexemplary damages against the company for unlawfully, capriciously,
\nmaliciously, and contemptuously infringing on his copyright in the
\nintellectual literary work, titled; \u201cThe Amstel Factor; an Amstel Malta
\nGuide on How to Be the Best You Can Be.\u201d<\/p>\n
In the suit instituted through his counsel, Paul Ekweume, the plaintiff
\nis also claiming another sum of N500 million as general damages over
\nunlawful use of his copyright.<\/p>\n
Besides monetary demands, the plaintiff sought an order of perpetual
\ninjunction, restraining the defendants, their agents, servants, and
\nprivies from further infringing by way of unlawful use, adaption, and
\nderivation on his copyright.<\/p>\n
While the Nigerian Breweries PLC is the 1st defendant, DDB South Africa,
\nMr samsomp Oloche, and Heineken BV Netherlands are 2nd to 4th defendants
\nrespectively.<\/p>\n
In his statement of claim, Oche averred that he authored the Amstel
\nFactor Book as well as a proposal and PowerPoint presentation made to
\npromote the Amstel Malta drink brand.<\/p>\n
As part of efforts to promote the Amstel Malta brand in Nigeria, the
\nplaintiff claimed that the brewery launched a new credential campaign
\nsometimes in 2016 with the slogan: \u201cWhy Add More\u201d and published it on
\nall its social media forums, websites, and billboard adverts as well as
\nvideos and graphic designs based on the campaign.<\/p>\n
He further claimed that he spent several years engaging in various
\nintensive academic researches and eventually gathered the necessary
\nmaterials which culminated in his writing a book: \u201cThe Amstel Factor, An
\nAmstel Malta Guide on How to Be the Best You Can Be;\u201d a proposal and a
\nPowerPoint designed to pictorially and graphically demonstrate his works
\non the electronic media, television and motion pictures.<\/p>\n
He said that in 2015, he traveled to the breweries\u2019 headquarter in Lagos
\nand submitted the book and the proposal to the Brand Manager, adding
\nthat after the submissions, he waited patiently for a formal invitation
\nby the company to deliver his campaign but was not given acknowledgment
\nof receipt of his book.
\nThe plaintiff said in February 2016, he visited the LinkedIn online
\nprofile of one Samson Oloche, the 3rd defendant in the suit, who at the
\ntime was the Consumer and Market Intelligence, Digital and Media Manager
\nof the company.<\/p>\n
He further averred that he informed the said Oloche how he submitted a
\nproposal in 2015 to Amstel Malta Brand Manager but did not receive any
\nresponse, adding that the 3rd defendant provided him with his email
\naddress, where he then forwarded the PowerPoint presentation and
\nproposal and that he got a promise that the right person in the
\nbreweries would see and evaluate his work.
\nHe stated that in 2016, he stumbled upon a new Amstel Malta campaign
\nonline tagged: \u201cWhy Add More.\u201d<\/p>\n
He added that without seeking his permission, the breweries used his
\nliterary work in the brand campaign and refused to give credit to his
\nwork.<\/p>\n
Oche further stated that a complaint was lodged with the Nigerian
\nCopyright Commission and that series of meetings were held during which
\nthe 3rd defendant admitted receiving the Amstel Malta Brand campaign
\nproposal and PowerPoint presentation but later claimed to have deleted
\nthe materials and that he did not submit it to the appropriate
\nauthority.<\/p>\n
At the mention of the case on Tuesday, the plaintiff, through his
\ncounsel, Ekweume, said he filed a motion on notice for an Interlocutory
\nInjunction, restraining the defendants from further use of his copyright
\nin the activities of the giant brewery lined up for the year.<\/p>\n
Although counsel to the 1st, 3rd and 4th defendants, Amina Ibrahim, said
\nshe had not been served with the motion, the claim was found to be
\nfalse.
\nCounsel to the 2nd defendant, Joseph Osayande, who admitted service of
\nthe motion on Dec. 4, asked for time to respond.<\/p>\n
Following a bitter complaint on the alleged continuous infringement of
\nthe copyright and the refusal of the respondents to admit
\nresponsibilities, Justice Nyako ordered status quo to be maintained by
\nparties in the suit.
\nShe noted that issues had been joined in the suit.<\/p>\n
The judge, who directed the company to continue the sale of the already
\npackaged branded Amstel Malta, ordered that further campaign on the new
\nbranded Amstel Malta being handled by DDV of South Africa be put on hold
\npending the determination of the main suit.<\/p>\n
Justice Nyako got infuriated when Osayande, counsel to DDB of South
\nAfrica, challenged the order of status quo, prompting the judge to warn
\nthe lawyer and his client against flouting the order of the court.<\/p>\n
\u201cIf you campaign on the subject matter of this suit, it is contempt of
\ncourt.
\n\u201cI will descend heavily on you as a counsel because I have warned you
\nand have cautioned you in the open court on the consequences of
\nprejudicing the court,\u201d she held.<\/p>\n
The judge adjourned the matter until Jan. 20 for hearing.(NAN)<\/p>\n
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…<\/p>\n","protected":false},"author":1,"featured_media":77225,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","footnotes":""},"categories":[5],"tags":[],"class_list":["post-77224","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news"],"yoast_head":"\n