A Trademark Tribunal sitting at the Trademark headquarters in the FCT Abuja on Thursday cancelled the registration and application of the movie classic ‘Domitilla’ as a trademark by Annie Njemanze.
The ruling was delivered by the Chief Registrar, Shafiu Adamu Yauri who said that all the documents issued to her in her trademark ownership tussle with Nollywood movie producer Zeb Ejiro were issued by the commission in error.
‘Domitilla’ is the title of a movie produced in 1996 by Zeb Ejiro, which starred Njemanze as the lead character and years after the release of Domitilla 1 and 2, Njemanze reportedly trademarked the name “Domitilla and Device” on September 16, 2020.
READ ALSO: Zeb Ejiro, Anne Njemanze to settle out of court over ‘Domitilla’ trademark rights
Recall weeks ago that the actress slammed Zeb Ejiro with a N50 million lawsuit with number FHC/L/CS/2305/2022, over the trademark rights of ‘Domitilla’.
Anne Njemanze who filed the lawsuit through her lawyer, Bartholomew Aguegbodo also sought ₦5 million for the cost of litigation and lawyers fees incurred, as well as for an order of injunction restraining the defendants or any other person from using her trademark (Domitila) or any other mark that is deceptively similar to the registered trademark.
In a counter suit, Zeb Ejiro, through his team of lawyers, led by Mr Rockson Igelige, approached the registry to challenge the purported registration of the brand “Domitila and Device’ by Njemanze.
READ ALSO: COPYRIGHT INFRINGEMENT: Actress Anne Njemanze slams N50m suit on Zeb Ejiro, others
Igelige told the registry that the said trademark had being in use since 1996 by Ejiro in connection with films and matters which fell under class 41 of the Register of Trademarks in Nigeria.
Igelige said that both in 1996 and 1999, the Petitioner employed and paid the applicant to act in his films “Domitilla” and “Domitilla 2” adding that the applicant knew of the Petitioner’s prior and continuous use of the name since 1996.
“The Petitioner owns the statutorily protected copyright of the film scripts of “Domitilla” and “Domitilla 2”, which were handed to the applicant in the course of her engagement as an actress in 1996 and 1999 respectively.
“Since the respective release of the films in 1996 and 1999, the films have continuously been in the market, first in video Cassettes; later in Compact Discs and now majorly as internet downloads all under the proprietary name of the Petitioner.
“The applicant has no goodwill and reputation in the word, “Domitilla”, separate from her role in the films “Domitilla” and “Domitilla 2”, which are intellectual properties of the Petitioner.
“The Petitioner has continuously used “Domitilla” as a created film character and as the title of his films, “Domitilla” and “Domitilla 2” since 1996 till date, thereby building strong goodwill and widespread reputation in the word.
