Two creative artists, Martins Omosogie and Tunde Ayodele, have filed a suit against Nigerian Breweries (NB) Plc before the Federal High Court in Lagos for alleged violation of their intellectual property on the Gulder Ultimate Search Fans’ Edition.
They are also praying the court to compel the defendants to jointly pay them N250 million as general damages for the unlawful infringement on their said intellectual property.
In the suit, the artists, who operate in a firm called Sceptre Consult, alleged that Nigerian Breweries stole their creative idea on the fans’ edition of the Gulder Ultimate Search and used it without their approval.
This suit was filed last Friday by the plaintiffs (Omosogie and Ayodele) through their lawyer, Mr. Olubusola Ashiru.
In addition to Nigerian Breweries, the other defendants joined in the suit are the company’s Brand Manager, Seun Lawal and another firm, Insight Communications Limited.
In their statement of claim, the plaintiffs alleged that they developed a creative idea that could enhance and repackage one of the production brands of Nigerian Breweries – the Gulder Ultimate Search in February 2011.
They added that they contacted one Mr. Seyi Siwoniku, for a link with the Nigeria Breweries for acceptance and activation of the developed idea.
They 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 one Lawal, the Brand Manager of Nigerian Breweries.
They further stated 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 and the soft copy of the comprehensive programme and told them that: “This is a 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 stated that Lawal promised to get back to them after collecting their complimentary card, but they were never contacted again.
Rather they claimed 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 over to the company through Lawal in 2011.
The plaintiffs claimed they had written to the company through their lawyer to lodge their complaint on the infringement of their intellectual property only for the Nigerian Breweries to deny any infringement in two separate responses to their letters.
Source: National Mirror
