MTN defeats ₦1 billion intellectual property lawsuit

MTN Nigeria successfully defended claims alleging copyright infringement, trademark violations, and breach of confidentiality arising from its "20 for 20" anniversary campaign.

The claim, instituted by Walls and Gates Limited and its Managing Director, alleged that MTN’s “20 for 20” anniversary campaign infringed copyright, breached confidentiality, and violated trademark rights in a proposal earlier submitted to the telecoms company. The plaintiffs sought ₦1 billion in damages, or alternatively, an account of profits and a 50 per cent remittance of revenue allegedly derived from the campaign. Through their representation, MTN Nigeria successfully argued that the proposal was unsolicited, did not create any contractual or confidential relationship, and lacked the legal elements required to sustain claims for copyright infringement or trademark protection. The defence further maintained that the claim was speculative and that no protectable proprietary right had been established. In its judgment, the court held that the plaintiffs failed to prove the existence of any enforceable intellectual property right in the concept presented to MTN. The court emphasized that ideas, themes, or promotional concepts, without more, do not enjoy copyright protection under Nigerian law. The entire suit was accordingly dismissed, with costs awarded against the claimants.

Advisory Team

Jackson, Etti & Edu