Copyright Infringement: Court awards N3m damages against Coca-cola, NBC over copyright infringement

For using a publisher’s works for religious purposes without his consent and authority, Coca-cola Nigeria Plc and its bottlers, Nigeria Bottling Company (NBC), have been directed to pay a damage sum to the tune of N3m.

The order was issued by Justice Daniel Osiagor of a Federal High Court, Ikoyi, Lagos, who specifically slammed Coca-cola Plc and its bottlers for infringing on Abdulmumineen Onilemarun’s calendar work on fasting time for Muslims in Kwara state, during the Ramadan period.

As a result, Justice Osiagor directed Coca-cola Plc, to pay the sum of N3 million to Onilemarun, as compensation.

It would be recalled that Onilemarun had through his lawyer, Abdullahi Ibrahim, accused Coca-cola Plc, of infringing on his work, by using the calendar work in the 'Ramadan Timing for Dawn Meal & Breaking of Fasting in Kwara State', 2014 and 2015, without his consent, licence, and assignment.

The plaintiff had therefore urged the court to make in his favour the following reliefs: “An award of damages of N10 million against the defendants for infringement of copyright by way of unlawful reproducing, unlawful publishing, and unlawful distribution of the copyrighted work in the Ramadan Timing for Dawn Meal & Breaking of Fasting for Kwara State, 2014, without his consent, licence, and assignment.

“An award of damages of N10 million against the defendants for breach of confidence of secret information and his secret idea for making an accurate Ramadan timetable by using the said information and idea in producing Coca-Cola Ilorin Ramadan Timing June/July 2015 in the course of their trade as well as for infringement of copyright by way of unlawful reproducing and unlawful publishing of substantial similarity of the plaintiff’s particular method in the copyrighted work of the Ramadan Timing for Dawn Meal and Breaking of Fasting for Kwara State, 2015, without his consent, licence, and assignment. 

“An order of accounts of profits made by the defendants, in Kwara State, between 29th June 2014 and 28th July 2014 as well as between 17 June 2015 and 16th July 2015. 

“An order sharing to him 40 per cent of total profits made by the defendants in Kwara State, between 29th June 2014 and 28th July 2014, as well as between 17th June 2015 and 16th July 2015. 

"And an award of costs of this action against the defendants”.

However, Coca-cola Plc and its bottlers, NBC Limited, through their counsel, Peter Agboola, prayed to the judge to dismiss the writer’s suit against them for lacking in merit.

In his judgment, Justice Osiagor raised a lone issue for determination as to “Whether the plaintiff’s claim of copyright has been proved to deserve protection and be entitled to the reliefs sought?”

The judge declared that “The plaintiff’s suit is founded on his literary work, 'Ramadan Timing for Dawn Meal' for breaking of fasting for Kwara State'.

"Copyright Act by Section 51 recognises literary works to include novels, stories and poetical works, letters, reports and memoranda, lectures, addresses and sermons, written tables or compilations. 

“From the above definition, a compilation of the Ramadan Timing for Dawn Meal for breaking of fasting for Kwara State is a literary work and I so hold.

“The defendant’s argument that the copyright certificate of the plaintiff does not protect any literary work as non was submitted to the Nigerian Copyright Commission, tiled 'Ramadan Timing for Dawn Meal for Breaking of Fasting for Kwara State' is very misconceived”.

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