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MTN Faces N112.5Bn Suit over Use of Comedy Brand

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Femi Edwards, a content producer who specializes in the business of events productions, promotions and marketing with particular focus on comedy, has dragged telecommunications firm, MTN Nigeria Limited before a Federal High Court in Lagos demanding account of N112.5 billion revenue allegedly generated from the wrongful use of a comedy brand.

 

According to the suit, the plaintiff is accusing MTN of illegally using his comedy content without recourse to him, and generating whooping revenue from the said copyright infringement.

 

Edwards, who is trading under the name and style of Mayphem International, recalled that in 2009, he started a platform that promotes the comedy industry called ‘KomicRELOUDED’ which according to him, was a print magazine widely accepted by the industry.

 

The plaintiff, in the suit with reference number FHC/L/CS/18/18, averred that in the following year, he rebranded to ‘Comedy+’, adding that he had been maintaining the brand ever since with sales outlets across Nigeria.

 

He said leveraging on the success of the brand ‘Comedy+’, he went into the business of organizing comedy shows and concerts throughout the country, and that over the years, the brand ‘Comedy+’ and ‘ComedyPlus’ have come to be associated with him as signifying publications, comedy shows, entertainment and other events produced, promoted or marketed by him or with his collaboration in both physical and digital platforms, print and electronic media, with substantial reputation by the use of same.

 

However, the plaintiff said on March 17, 2017, MTN launched a digital platform tagged ‘Comedy+’ where it advertised the intent to and where it has continued to wrongfully produce, promote, market and pass off comedy shows and other entertainment without recourse to him as the copyright owner of the brand.

 

Edwards said to his surprise, several comedy artists and members of the public had called to congratulate him on the launch of the digital comedy platform of MTN under the belief that he was the person behind it, adding that being a huge commercial enterprise, MTN wrongfully acquired mileage from a popular brand which he created, to launch into the budding comedy sector in Nigeria.

 

He said the comedy industry had been in its developing stages in Nigeria, and that the brand which he struggled to create, was wrongfully leveraged on by MTN to generate a whooping N112.5billion.

 

According to him, “The stand-up comedy industry in Nigeria has been in its developing or budding stages and the brand ‘Comedy+’ which the plaintiff has built, has become synonymous with the promotion of comedy and entertainment in general in the country and has a reputation of being one of the pioneer stand-up comedy, general comedy and general entertainment promotion brands in the country that have helped to build the art of stand-up comedy into an industry.

 

“The defendant has profited from the passing off of the services and the products of the plaintiff in the excess of N112.5billion as presently known to the plaintiff until search, discovery and inspection.”

 

Giving details of how the figure was arrived at, the plaintiff said his ‘Comedy+’ brand was passed off by MTN to its subscribers which number up to 59 million, while from the defendant’s subscription price list, at the cheapest rate of N250 per month, MTN made N112.5 billion in nine months between March to December 2017 with the number of subscribers limited to 50 million and discounting 9 million.

 

Dissatisfied with the development, the plaintiff said he wrote to MTN through his lawyer on September 12, 2017 complaining of the passing off of his brand, and that the company replied on September 18, 2017 promising to look into the complaint.

 

After waiting for some time without response, the plaintiff said he wrote again to the firm, while on October 23, 2017, MTN responded and denied absolutely any liability, but without denying its use of the brand or trade name ‘Comedy+’.

 

The plaintiff, according to the suit filed on his behalf by Chuks Nwachukwu of Indemnity Partners Law Firm, is therefore seeking an injunction restraining MTN whether by itself, servants, agents or otherwise howsoever from producing, promoting or marketing under the brand name ‘Comedy+’ any comedy related or other entertainment shows or content not produced, promoted or marketed by the plaintiff or with his collaboration.

 

The plaintiff also wants an injunction mandating MTN to render account of profits and receipts so far made using the brand ‘Comedy+’, as well as damages for the wrongful use of the brand.

 

Already, the matter has been assigned to Justice Chuka Obiozor who has fixed hearing of an application for interlocutory injunction in the suit against MTN to October 29, 2018.


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Why Multichoice Hiked Subscriptions for DStv and GOtv Packages-  FCCPC 

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Dr. Adamu Abdullahi, acting Executive vice chairman, Federal Competition and Consumer Protection Commission (FCCPC), has disclosed that Multichoice submitted a four-page letter detailing the reasons for the price hikes in their cable services, GOtv and DStv.


Why Multichoice Hiked Subscriptions for DStv and GOtv Packages-  FCCPC 

FCCPC is responsible for protecting market competition and promoting consumer protection.

In an interview with Channels TV, Sunday, Abdullahi stated that the company cited the cost of electricity, generator operations and poor access to dollars as some of the reasons for the price increase.

He said the commission will review the reasons identified by Multichoice, noting that the agency will involve regulatory bodies such as the National Broadcasting Commission (NBC) and the Nigerian Communications Commission (NCC) in the process.

According to Abdullahi, the commission will not hesitate to sanction the firm if it discovers that their prices are arbitrary or it is in any way manipulating the market.

“We got a four-page letter from Multichoice, telling us the reason that led to this price increase. What we need to do is to bring in NCC and maybe NBC and Multichoice, sit down and look at all these variables that they claim caused the rise in prices.

“At a glance, we saw things like the cost of electricity, running generators, the cost of dollars for spare parts and so on. We’ll go through these items individually and find out how they have affected their operations.

“By and large, that’s the claim of what they are doing because they are a dominant player in this market. People have no choice but to go to them for Cable television, so that’s why they are doing what they are doing.

“If by any chance we find out or we can confirm that that’s what they are doing, again we go back to the law and do what we are supposed to do,” Abdullahi said.

Recall that the Multichoice Nigeria recently increased tariff or its DStv and GOtv packages by at least 25 per cent.

The increase,  second in five months will be effective May 1.


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How to Beat DStv Price Increase with ‘Price Lock’ Feature

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In today’s fast-paced world, where every penny counts, finding ways to save on essential services is more important than ever. And as part of its commitment to customer satisfaction, DStv has reiterated its “Price Lock” feature.

DStv Price lock

This is in response to the upcoming tariff increase, which the company understands may impose some financial strain on its valued customers.

What exactly does the “Price Lock” feature entail? The “Price Lock” feature offers customers the opportunity to retain their subscriptions at the current rate for 12 months.

To use the “Price Lock” feature, customers simply need to renew their subscriptions before the due date each month, ensuring uninterrupted access to their favourite DStv content at the current rate for the next 12 months.

But here’s the catch: only customers with an active subscription by the 30th of April qualify for this offer, when the tariff adjustment comes into effect.

Make sure you don’t miss the price lock offer! Simply download the MyDStv or MyGOtv app or dial *288# to subscribe, upgrade, or set up Auto-Renewal.


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OJI Demands Ban on Netflix, TikTok, Others over Same-Sex Content

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Civil Society Organisation (CSO) under the auspices of Open Justice Initiative (OJI), has threatened to drag the National Broadcasting Commission (NBC) to court if it fails to ban Netflix, TikTok, and others over the alleged broadcast of offensive same-sex content on Nigeria’s airwaves.

OJI Demands Ban on Netflix, TikTok, Others over Same-Sex Content

The CSO, also urged NBC to ban other social media platforms, including X, formerly known as Twitter, Facebook, etc with regard to the subject matter.

Donald Ayibiowu, lawyer and programme officer of OJI, gave the warning in a letter addressed to Mr. Charles Ebuebu, director-general of the NBC.

The certified true copy of the letter titled: “Need to ban and bar the continuous broadcast of offensive same-sex contents on Nigeria’s airwaves by Netflix and other specialised broadcast outlets”, made available to newsmen in Abuja, was received by the Commission on April 23, 2024.

The letter said, “We write to draw the esteem attention of your commission to some obnoxious and repugnant same-sex contents being aired or transmitted by some broadcast outfits operating within the Nigeria broadcast space, which platforms includes Netflix and some social media entities.

“These abhorrent contents being campaigned about borders on the promotion of amorous relationships between persons of same sex on the said platforms.

“We received complaints on this topic from well-meaning Nigerians and religious organisations and further discovered that the broadcast contents/materials on these platforms are laced with embedded scenes/episodes where same-sex relationships are practically being propagated.

“We also conducted research on some social media platforms like TikTok, Twitter (X), Facebook (Meta), etc with regards to this subject, and found same hazardous and illegal same-sex content being promoted and transmitted.

“It is clear that there is an agenda to surreptitiously lure the unsuspecting young population of this country to this satanic habit/lifestyle of same-sex practice in Nigeria by subtly introducing same through entertainment and showbiz industry, albeit through the airwaves.

“It is now commonplace to see some of these illegal contents being conveyed on social media and specialised platforms in Nigeria.

“We wish to point out that these contents are clearly being aired or transmitted in contravention of our extant laws such as Sections 4(2) and 5(2} of the Same-Sex Mariage (Prohibition) Act, 2013,” he said.

The lawyer said the act being subtly propagated and promoted via the mediums was targeted at destroying the moral fibre and rectitude, erode, dislodging and polluting the society with unacceptable inhuman values.

He said it was also to erode the age-long cultural practices and sacred religious belief system of male and female gender only as created by God Almighty.

Ayibiowu said, that if the commission failed to block, restrict or scrap the same-sex promotional material/contents from Nigeria airwaves, “we shall proceed to seek further redress in pursuit of our goal of saner Nigeria airwaves”.

 

 


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