Registry urges Zeb Ejiro, Njemanze to settle out of court over a trademark dispute

by Zeb Ejiro
A flyer showing people.

May 4 has been fixed for the settlement of the dispute between filmmaker Zeb Ejiro, and actress Anne Njemanze.

The Federal Trademark Registry fixed the date in the case which involves the rightful owner of the brand,” Domitilla.”

“Domitilla” is the title of a movie produced in 1996 by Zeb Ejiro, which starred Njemanze as the lead character.

The movie featured actresses such as the late Ada Ameh, Kate Henshaw, and others.

It depicts the life of a young woman struggling to make ends meet as a Lagos prostitute.

If the parties in the dispute failed to reach an agreement of settlement, the registry, a Commercial Law Department of the Federal Ministry of Industry, Trade and Investment is set to adjourn for the ruling.

The Registrar of the department, Mr Shefiu Adamu, made the pronouncement at the resumed hearing of a petition filed by Ejiro.

The hearing seeks a withdrawal of a supposed registration of “Domitilla and Device” by Njemanze.

Additionally, the petitioner seeks the obliteration of the “Domitilla and Device” entry from the Register of Trade Marks.

While a remake is scheduled for release in 2023, a sequel, Domitilla was produced and released in 1999.

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

Mr Rockson Igelige, who is the lawyer to Zeb Ejiro, approached the registry to challenge the claimed registration of the brand “Domitila and Device’ by Njemanze.

Igelige maintained that the trademark was used since 1996 by Ejiro in association with films and matters which fell under class 41 of the Register of Trademarks in Nigeria.

Igelige averred that both in 1996 and 1999, the Petitioner employed and paid the applicant to act in his films “Domitilla” and “Domitilla 2”.

He pointed out that the applicant had knowledge of the Petitioner’s previous and 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 world.

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“Domitilla” in respect of the class of goods and services the applicant alleged to have applied for registration and or purport to have registered “Domitilla & Device” as a trademark.

“The applicant’s alleged application for registration and or the purported registration of “Domitilla & Device” offends section 11 of the Trade Marks Act,” he said.

Igelige further said Njemanze was likely to deceive or cause confusion which poses a serious challenge to the petitioner to protect the name in court if he continues using the trademark.

He consequently pleaded with the registry to revoke and expunge the claimed registration of “Domitilla and Device from the Register of Trade Marks.

Mr Marvin Ibem, the lawyer to Njemanze, stated that his client had filed a 98-paragraph response contrary to the petition to substantiate the registration.

He urged the registry to trash it out in its entirety, stating that the petition lacked merit.

“I adopt our responses to the petition dated April 20, we urge the registry to dismiss the petition, the trademark has no jurisdiction to cancel the registration.

“The applicant has satisfied all requirements of the law to acquire the trademark,” Ibem stressed.