Comedian Sabinus sues Friesland Foods, UAC for using trademark

Popular Nigerian comedian, Chukwuemeka Emmanuel Ekekwu, well known as Sabinus, has sued Friesland Foods Wamco Nigeria Plc and UAC Food Ltd for unauthorised use of his trademark, ‘something hooge’.

Sabinus, who recently emerged as Best Online creator for 2022 by Africa Magic Viewers’ Choice Awards (AMVCA), said the Friesland Foods used his croon, ‘something hooge’, for the promotion of their product, Peak Milk.

He also alleged that UAC Food used the cartoon image of him making calculations to advertise their product, Gala sausage roll.

The comedian, in a legal notice by his lawyer, Stanley Alieke, sued Friesland for N1billion and UAC Foods for N100m.

The notice dated May 27, 2022, read: “Our client briefed us and we believe the same to be true that your Company, Friesland Foods Wamco Nigeria Plc, used a trademarked slogan ‘Something Hooge’ for the promotion of your Peak Milk product.

“The advert which was made on the Peak Milk Nigeria verified Instagram page (peak_milk) was posted on the 24th day of May 2022 which was used to promote the Peak National Breakfast Week.

“It will interest you to know that the phrase ‘something hooge’, which was popularised by our client, has been trademarked and legally reserved as his intellectual property by the Federal Ministry of Trade and Investment.

“The said slogan was trademarked on the 26th of November 2021 with the file number: NG/TM/O/2021/48316. 10. On this note, we make the demand for the payment of the sum of Five Hundred Million Naira (N500m) as compensation for the unauthorized use of the intellectual property belonging to our client.

“And another five hundred million Naira for damages for the trauma; emotional, physical, psychological, and mental trauma our client has suffered for the Trademark theft and infringement of his intellectual property rights.”

A pre-litigation notice to UAC Food Ltd dated May 25, 2022, read: “Your company UAC Food Ltd. has been using the brand picture and other intellectual properties of Sabinus to make adverts for your Gala sausage roll without the consent or authorization of our clients,” another notice read.

“You made a post on your verified Instagram handle (Gala sausage roll), on the 23rd of May, 2022 with the picture of our client.

“The post which was a cartoon of our client was captioned ‘the way I calculate everything in my life’.

“We demand that you pay our client the sum of one hundred million Naira (N100m) for the use of the picture which is the average fee our client charges for his picture to be used for adverts and promotions,” the legal notice read.

The Star