Xtreme Cr8tivity Xpressions Limited, design and innovation firm, has threatened to drag First Bank Plc to court over alleged unauathorised use of its intellectual property (IP).
Design and innovation firm is also demanding N125 million from the bank for allegedly using its IP for its 125 anniversary celebration without authorization on the bank’s website, T-shirts, buildings and other merchandising benefits.
Xtreme Cr8tivity Xpressions, a start-up claimed that it is being muscled out of business by First Bank.
First Bank is yet to react to the allegations when Nigeria CommunicationsWeek contacted the bank.
Mrs Folake Ani-Mumuney, group Head, Marketing and Corporate Communications, however responded to a follow-up email saying “This is to confirm receipt in the first instance and to loop my colleague Ismail who is our Head of Media. I shall also forward this to our legal team who to my knowledge have engaged appropriately and as is our standard practice. Given there is legal engagement already this approach is therefore a surprise to me”
Mrs Ani-Mumuney did not get back at the time of filing this report even after another reminder.
On its part, Xtreme Cr8tivity Xpressions through Gee Law Firm, its lawyers claimed it has written to the bank thrice on the issue.
The first letter dated August 28, 2019, addressed to the managing director of First Bank, and signed by Femi Mathew Adedoyin of Gee Law Firm read:
DEMAND FOR PAYMENT OF THE SUM OF ONE HUNDRED AND TWENTY FIVE MILLION NAIRA N125,000,000 TO XTREME CR8TIVITY XPRESSIONS LTD FOR THE DESIGN OF THE 125 ANNIVERSARY DIARY LOGO AND UNAUTHORISED USAGE OF WEBSITES, T-SHIRTS, BUIDLINGS AND OTHER MERCHANDISING BENEFITS BY FIRST BANK PLC WITHOUT THE CONSENT OF OUR CLIENT.
We have been consulted and our legal services retained by XTREME CR8TIVITY XPRESSIONS LTD (A design and innovation firm) of N0. 97, Channels Television Road, Isheri OPIC Extension, Ogun State (hereinafter referred to as “Our Client”) and on her behalf we write in connection with the above subject matter.
Itis the brief our Client that sometime in 2018, our Client having become aware of the impending 125th anniversary celebration of First Bank Pls, came up with a diary concept and special anniversary logo badge. Our Client made representation to the Bank and it was wholly welcomed and our Client was requested by the Bank to come up with different styles and patterns which if finally accepted by the Bank our Client will be fully paid.
In response to the demand of the Bank, our Client set out and made different molds at our Client’s costs. After same was submitted to the Bank, invoice was sent to the Bank’s negotiation team. For about three months our Client did not get any response from the Bank until a terse email was sent with a request that our Client varies the price for the anniversary diary project to half the price quoted in the invoice submitted by our Client. Our Client was shocked beyond words.
It was at a meeting later summoned by the top management of the Bank that our Client was informed that the Bank had secured another vendor to produce massively and our client was given a small quantity as a shared contract with the new vendor.
Our Client was surprised to note that the logo badge that was made by our Client was tweaked and used maximally for the 125thAnniversary on every medium available (Website, T-shirts, FBN Holdings Diaries, Backdrops, Envelopes, Headquarter buildings etc).
It was most shocking to our Client that the Bank that prides herself as one building a sound reputation with the highest standard of responsible behavior could desecrate the intellectual property of another without compensation.
In view of the above representation Sir, it is the instruction of our Client that we demand, and we hereby demand as follows;
- a) The payment of the sum of Twenty FiveMillion Naira (N25,000,000.00) being our Client’s due for relief design and logo.
- b) The payment of the sum of One Hundred Million Naira (N100,000,000.00) being damages for copyright infringement in the logo and design of our Client.
- c) FINALLY, the withdrawal of all materials bearing the design and logo the property of our Client from all internal and external outlets including the print and electronic media.
TAKE NOTICE that should the Bank failed, refused or neglected to pay the above sum totaling One Hundred and Twenty Five Million Naira (N125,000,000.00) to our Client within fourteen (14) days from the date of the receipt of this letter, we shall be left with no other viable option than to set in motion the legal machinery to recover same in a Court of competent jurisdiction with substantial cost.
In its second letter dated November 7, 2019 to the managing director of First Bank and signed by Nosakhare Uwadiae for Gee Law Firm, reiterated its demands.
The letter read:
RE: DEMAND FOR PAYMENT OF THE SUM OF ONE HUNDRED AND TWENTY FIVE MILLION NAIRA N125,000,000 TO XTREME CR8TIVITY XPRESSIONS LTD FOR THE DESIGN OF THE 125 ANNIVERSARY DIARY LOGO AND UNAUTHORISED USAGE OF WEBSITES, T-SHIRTS, BUIDLINGS AND OTHER MERCHANDISING BENEFITS BY FIRST BANK PLC WITHOUT THE CONSENT OF OUR CLIENT.
The above subject matter refers.
You will recall that a letter dated 18thSeptember, 2019 was sent to you via a courier service company in response to your request that we furnish your Bank with a hardcopy of the logo, the unauthorized usage of which our Client; XTREME CR8TIVITY XPRESSIONS complained.
We are however surprised that since the delivery of our letter with the copies of the logo to your Bank through the courier service company; we have not received any comprehensive response from your Bank.
Please note that if within fourteen (14) days of the receipt of this reminder a response is not received from your Bank, we shall be left with no other viable option than to approach the appropriate court with requisite jurisdiction to ventilate the grievances of our Client without any further recourse to your Bank.