The Federal High Court in Lagos has imposed a hefty ₦840 million fine on MTN Nigeria Communications Limited for infringing on the registered trademark “WEBPLUS,” owned by Citilink Accesscorp Limited.
Justice Akintayo Aluko, presiding over the case marked FHC/L/CS/1124/2014, held that MTN’s use of “MTN WEBPLUS” or “MTN WEB+” unlawfully mimicked the plaintiff’s trademark.
The judge awarded the damages at ₦70 million per year, covering Citilink’s loss of business and brand dilution from 2014 to 2025.
Additionally, MTN was ordered to pay 15% interest per annum on the judgment sum until fully paid.
The lawsuit, filed by Citilink Accesscorp Limited on July 17, 2024, accused MTN Nigeria of trademark infringement.
The plaintiff argued that “WEBPLUS” was legally registered in 2001 under Class 9 and renewed in 2014, making Citilink the rightful owner of the name.
Citilink contended that MTN’s use of “MTN WEBPLUS” and similar variants constituted unauthorized usage, misleading the public and damaging its brand.
The suit also listed the Registrar of Trademark, Patent Designs as a defendant, to represent all entities involved in the production, marketing, and sale of the infringing services.
The plaintiff sought several reliefs, including:
“A declaration that Citilink Accesscorp Limited is the sole legal owner of the “WEBPLUS” trademark.
“A perpetual injunction restraining MTN from further use of “WEBPLUS” in any form.
“An order preventing the Registrar of Trademarks from issuing any trademark rights to MTN under “WEBPLUS” or any variation of it.
“A demand for ₦1.5 billion in general damages for infringement.
“Compensation for legal fees and expenses incurred.”
But MTN Nigeria challenged the court’s jurisdiction, arguing that a pending case at the Trademark Tribunal made the lawsuit invalid.
The company also claimed that its application for “MTN WEBPLUS" was made in 2012, a time when Citilink’s trademark registration had lapsed (between 2008 and 2014).
While stating that the plaintiff failed to prove trademark infringement, the telecommunications firm insisted that its use of “WEBPLUS” was an honest concurrent use, meaning it had no intention to deceive.
It further posited that the plaintiff lacked sufficient evidence to justify its financial claims.
In his ruling, Justice Aluko rejected MTN’s defence and upheld the plaintiff’s claims of infringement.
However, the court denied some of the plaintiff’s additional demands, including The request for seizure and destruction of MTN’s servers and a claim for ₦10 million in special damages due to lack of sufficient proof.
The judgment granted a perpetual injunction against MTN, barring the telecom giant from further use of the disputed trademark.
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