Copyright infringement allegations stalls release of ‘Domitilla’ remake

Nollywood actress Ann Njemanze has sued famous filmmaker Zeb Ejiro and two others for infringing on her copyright.

Ms Njemanze, famed for playing the titular character in the 1996 classic movie, ‘Domitilla’ has taken the famed filmmaker to court for infringing on the name ‘Domitilla’ which she had trademarked.

According to court documents obtained by PREMIUM TIMES, the actress demands N50 million from Mr Ejiro for the registered trademark infringement.

Also joined in the case against Mr Ejiro are Filmone Entertainment and Film Trybe Media.

In 2020, 24 years after its original release, Zeb Ejiro Productions announced a partnership with FilmOne Entertainment and Omoni Oboli’s Dioni Vision that will see the remake of the Nollywood classic.

Three Nigerian film production companies partnered to produce the sequel in Lagos.

The film’s production was to kick-start later that year, while its release in cinemas was scheduled for the first quarter of 2021.

That same year, Ms Njemanze trademarked the name, ‘Domitilla’ which gave her fame in the Nigerian movie industry.

Litigation

Going by the court documents, Ms Njemanze is also asking for N5m for the cost of litigation and lawyers fees incurred.

She is also asking the court for an order of injunction restraining the defendants or any other person from using her trademark (Domitila) or any other mark that is deceptively similar to the registered trademark.

Efforts to reach Ms Njemanze proved abortive. Her legal representative, Bartholomew Aguegbodo, declined to comment on the issue, although he confirmed to this newspaper that the case was in court.

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However, Mr Ejiro, in a statement of defence filed by his lawyers led by Rockson Igelige, described the present action by Ms Njemanze as a gold-digging exercise instituted with the intent of making undue financial gains from the Defendants.

In an interview with this newspaper on Friday, Mr Ejiro, responsible for such Nollywood hits like ‘Nneka the Pretty Serpent’ (1994), ‘Mortal Inheritance’ (1996) and ‘Sakobi the Snake Girl’ among others, said that he reached out to Ms Njemanze to do a reboot of the movie, ‘Domitilla’.

According to him, she demanded more money than he had budgeted for her role.

“I offered her N2m, not knowing she had gone behind me to trademark my intellectual property. I have been using the name for a long time. I have taken ‘Domitilla’ to film festivals all over the world.

“We had to abandon the script and start a new script. The next thing was she came with the police calling a thief in public. She even went with the police to FilmOne, our partner, to search their office. I tried to reach out to her, but she refused to pick up my calls. I had to ask the heads of different guilds to intervene,” he said.

Backstory

Speaking with this newspaper, Mr Ejiro said that he first met Ms Njemanze in 1995 when she came to audition for a movie, ‘African Queen’ which he produced with veteran singer Mike Okri.

According to him, she lost the role to Omotola Jalade Ekeinde, who came 1st, while Ann came 2nd.

“She was a small girl then, and she was crying. She said she deserved to come first because she could act. I saw that, indeed, she could perform. So I told her I’d be shooting a movie next year and that if she could lose some weight because she was chubby, I would make her the lead character.

“In February of 1996, she contacted me, and I saw that she had lost weight. I gave her the lead character in ‘Domitilla’, which she played well. She also reprised the character in 1999 for a part shot in London.

“Now it’s time for a reboot, but because she is now much older, we decided to give her a role as the aunt to one of the characters, but she was asking for N17m for only five scenes,” he said.

Defence, countersuit

In a case filed in the Federal High Court of Nigeria with suit number FHC/L/CS/2305/2022 filed by her lawyers led by Mr Aguegbodo, Ms Njemanze is accusing Mr Ejiro and the other defendants of infringing on the exclusive right of her trademark, ‘Domitilla & Device’, which she registered on 16th September 2020.

However, in their statement of defence, the defendants deny her allegations while objecting to the competence of the suit.

“The 1st Defendant’s principal (Zeb Ejiro Productions Limited) has been using the word continuously since 1996 in marketing the films before the date of the Plaintiff’s alleged application for registration and or purported registration of ‘Domitilla & Device’ as a trade mark,” their defence reads.

Meanwhile, Mr Ejiro’s legal representative, Mr Igelige, told this newspaper that the filmmaker had instructed him to take the actress to court for breach of confidence.

Mr Igelige said, “We will be asking her for N500m for using confidential information that she has access to during her role as an actress in the production of ‘Domitilla’ 1 and 2”.

Domitila

The crime drama film tells the story of a young Domitilla Junior, who gets into adventurous, romantic escapades for survival. She and her gang of prostitute friends are unfortunately caught up in the mysterious death of a politician and must do everything possible to prove their innocence.

Domitilla featured A-list actors such as Anne Njemanze, Sandra Achums, Kate Henshaw, Adah Ameh and the late Enebeli Elebuwa, to mention a few.

Although the lead character, Ms Njemanze, had earlier starred in an equally successful movie, ‘True Confession’, her role in ‘Domitilla’ saw her assume star status.

The film also made the likes of the late Ada Ameh and Alex Lopez instant celebrities.

Domitilla remake

Like its predecessors, the remake of ‘Domitilla’ also captures Nigeria’s thriving prostitution rings and the determination of a group of females to exert dominance using their thighs.

The movie stars some of Nollywood’s finest actors, made up of veterans and new-generation actors.

Chiwetalu Agwu, Elvina Ibru, Onyinye Odokoro, Stan Nze, Teniola Aladese, Uzoamaka Doris Aniunoh, Ejiro Onojaife, Seun Ajayi, Okey Jude, Chioma Okafor, Chinyere Wilfred, and Sonny Mcdon.

Nollywood and Intellectual Property theft

Since its inception, Nollywood has been bogged down not only by piracy but also by intellectual property theft.

In 2016, ANA Prize-winning playwright Jude Idada accused Nollywood actress and filmmaker Omoni Oboli of stealing his script for use in her film, ‘Okafor’s Law’.

The accusation led to a court injunction preventing Okafor’s Law from premiering.

Ms Oboli was later granted the rights to the story.

Also in 2016, Former Inspiration FM Presenter Wana Udobang accused Nollywood director Niyi Akinmolayan of intellectual theft.

Ms Udobang claimed that Mr Akinmolayan stole her concept, ‘Room 313’, and made it into a short film titled ‘Room 315’.

She claimed that ‘Room 315’ has a similar plot and name to her experimental series about people who have experienced trauma undergoing therapy, which has been available for viewing since 2015.

Nigeria’s Intellectual Property Act states that copyright can be protected by registration with the Nigerian Copyright Commission. This protects the exclusive right granted to an originator of creative work to reproduce the job for a certain period.