A Federal High Court in Lagos has found MTN Nigeria Communications Ltd. guilty of trademark infringement and ordered the telecom giant, along with the Registrar of Trademark, Patent & Designs, to pay ₦770 million in damages to Citilink Accesscorp Limited for unauthorized use of the “WEBPLUS” trademark.
Justice Daniel Osiagor, in his ruling, declared that MTN unlawfully used the “WEBPLUS” trademark, which was legally registered by Citilink under Class 9 of the Trademark Registry.
The court further issued a perpetual injunction barring MTN and the Registrar from registering, issuing certificates, or using “WEBPLUS,” “WEB+,” “MTN WEBPLUS,” or any similar variation under Classes 9, 16, and 38.
The verdict stems from suit number FHC/L/CS/1124/2014, where Citilink Accesscorp Limited, represented by its counsel Azubuike Obiekwe, sought legal redress for MTN’s infringement. The court granted Citilink’s claims, including:
•A declaration that Citilink is the sole legal owner of the “WEBPLUS” trademark under Registration RTM No. 65162.
•A ruling that MTN’s use of “MTN WEBPLUS” or “WEB+” constitutes trademark infringement.
•A perpetual injunction preventing MTN and the Registrar from issuing or registering any similar marks.
MTN’s legal team, led by Fidelis Adewole, argued that the defense of honest concurrent use applied, claiming that the telecom firm acted in good faith without deceptive intent.
However, Justice Osiagor rejected this argument, ruling in favor of Citilink and granting the following reliefs:
•General damages of ₦840 million, calculated at ₦70 million per year from 2014 to 2025, for loss of business and brand dilution.
•An additional 15% annual interest on the damages until the judgment is fully paid.
•A perpetual injunction restraining MTN from using the “WEBPLUS” trademark.
However, the court denied Citilink’s request for special damages, including legal fees, citing insufficient proof.
Justice Osiagor reaffirmed that trademark infringement cases fall exclusively under the jurisdiction of the Federal High Court, citing Section 251(1)(f) of the 1999 Constitution and the Supreme Court ruling in Omnia (Nig.) Ltd v. Dyke Trade Ltd (2007) 15 NWLR (Pt. 1058) 576 SC.
Additionally, the court emphasized that adding a company’s name—such as “MTN”—to an existing trademark does not eliminate the likelihood of confusion, referencing Draper v. Trist (1939) All E.R 513 (C.A.).
With this ruling, MTN is now permanently barred from using “WEBPLUS” or any similar name, solidifying Citilink Accesscorp Limited’s exclusive rights to the trademark.
