Tribunal cancels Annie Njemanze’s trademark registration of ‘Domitilla’

A Trademark Tribunal sitting in Abuja on Thursday cancelled the registration and application of the movie classic, “Domitilla” as a trademark brand by Nollywood actress, Annie Njemanze.

The tribunal’s Chief Registrar, Shafiu Adamu Yauri, who delivered the ruling, declared that all the documents given to the actress in her trademark ownership tussle with a movie producer, Zeb Ejiro, were issued in error.

Domitilla, a movie produced by Ejiro in 1996, starred Njemanze as the lead character.

Several years after the release of Domitilla 1 and 2, Njemanze reportedly trademarked the name “Domitilla and Device” on September 16, 2020.

The actress had a few weeks ago slammed a N50 million suit on Ejiro over the movie’s trademark rights at the Federal High Court, Lagos.

Njemanze, who filed the suit No. FHC/L/CS/2305/2022, through her lawyer, Bartholomew Aguegbodo, also sought N‎5 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 or any other mark that is deceptively similar to the registered trademark.

Ejiro had in a countersuit filed by his team of lawyers led by Mr. Rockson Igelige, urged the court to dismiss the actress’ application.

READ ALSO: Omotola Jalade-Ekeinde, Nollywood actress trademarks her name

He argued that the said trademark had been in use since 1996 and fell under class 41 of the Register of Trademarks in Nigeria.

Ejiro said he employed Njemanze to act in his films “Domitilla” and “Domitilla 2,” adding that the applicant knew of his 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,” the motion read.

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