Artists sue Nigerian Breweries for N250m over intellectual property fraud

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(Nigeria) Two creative artists, Martins Omosogie and Tunde Ayodele have dragged Nigerian Breweries (NB) Plc before a Federal High Court sitting in Lagos, over alleged theft of their intellectual property on the Gulder Ultimate Search Fans’ Edition.
The artists, who are trading under the name and style of Sceptre Consult, are accusing Nigerian Breweries of stealing their creative idea on the Fans’ Edition of the Gulder Ultimate Search, and using same without approval.
The fresh suit,  FHC/L/CS/1762/12, on behalf of the plaintiffs (Omosogie and Ayodele) by was filed Olubusola Ashiru of Fred Agbaje & Co.
Other defendants in the suit are the company’s Brand Manager, Seun Lawal and another firm, Insight Communications Limited.
The plaintiffs in their statement of claim, said that sometime in February of 2011, they developed a creative idea and production strategy which could enhance and repackage one of the production brands of Nigerian Breweries – Gulder Ultimate Search.
According to them, after a comprehensive packaging and expression of the idea, they contacted one Seyi Siwoniku for a link to the Nigeria Breweries for acceptance and activation of the developed idea.
The said Siwoniku is the Managing Director of Jungle Films, an organisation that has been responsible for the television production of the Gulder Ultimate Search. He was said to have later linked the plaintiffs with Lawal, the Brand Manager of Nigerian Breweries.
The plaintiffs added that on February 9 and 10, 2011, they eventually met with the said Lawal, and after the presentation of the developed idea, the said Lawal collected both the hard copy and soft copy of the comprehensive programme and reportedly told them that: “This is good idea but the logistics for the crown corks is the issue that Nigerian Breweries is not planning on crown corks promo for now.”
By the design of the creative idea, fans are to sit in the comfort of their homes or wherever they are and play the Gulder Ultimate Search answering questions from the crown corks without going to the jungle.
The plaintiffs further averred that the said Lawal collected their complimentary card and promised to get back to them if anything comes up in respect of the developed idea.
However, contrary to the claim of Lawal to get back to them, the plaintiffs stressed that they were shocked to read advertorials placed in some newspapers on September 26, 2013 by Nigerian Breweries titled “Gulder Ultimate Search” “The 10th Symbol Fans’ Edition,” which was the same creative idea they handed to the company through Lawal in 2011.
Prior to the filing of the suit, the plaintiffs had earlier written to the company through their lawyer complaining of theft of their creative idea, but Nigerian Breweries in two separate responses to the letters, denied the claim and dared them to go ahead with any lawful means.
The letters by Kunle Adaramola, the Legal Affairs Manager of Nigerian Breweries reads in part: “Having conducted extensive investigation in-house as promised, we hereby reiterate the unequivocal denials in our letter and put your clients to the strictest proof of the claims.”
The plaintiffs are seeking an order declaring them as the original copyright owners of the Fans’ Edition of Gulder Ultimate Search and an order restraining the defendants, its agents, privies and assignees from further use, publication, adaptation, assignment, transfer and translation of the creative works for any purpose without their approval.
They also want the court to compel the defendants to jointly pay them N250 million as general damages for the unlawful infringement on their intellectual property with interest until judgment is given by the court.  
The fresh suit is yet to be assigned to a judge and no hearing date has been fixed. 
Meanwhile, Nigerian Breweries is yet to file any thing in court in response to the suit. 

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