Filmmaker Zeb Ejiro has responded to a lawsuit filed by actress Ann Njemanze at the Federal High Court in Abuja, challenging the decision of the Federal Trade Marks Registry to revoke her ownership of the ‘Domitilla’ trademark.
PREMIUM TIMES reported that Ms Njemanze is seeking an order to set aside the judgment of the Trade Marks Tribunal and to reinstate her as the registered owner of the ‘Domitilla’ trademark.
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The newspaper reported that Ms Njemanze sued Mr Ejiro and two others for infringing on her copyright.
Ms Njemanze, best known for portraying the titular character in the 1996 classic film ‘Domitilla’, took Mr Ejiro to court over the alleged unauthorised use of the name ‘Domitilla’, which she had trademarked.
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Domitilla is a 1996 film that explores the life of a young woman navigating the harsh realities of sex work in Lagos.
The actress is demanding N50 million in damages from Mr Ejiro for the alleged infringement of her registered trademark.
In a counteraction, Mr Ejiro also filed a lawsuit against Ms Njemanze for breach of confidence. The legal battle between the parties has since been ongoing.
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However, the defendants have denied the allegations and challenged the competence of the suit.
Dead on arrival
In an interview with this newspaper, Mr Ejiro’s legal counsel, Rockson Igelige, confirmed that the actress instituted three separate cases against his client, all aimed at claiming ownership of the ‘Domitilla’ name.
Mr Igelige stated that the first case has already been struck out, while the remaining two are still pending before the Federal High Courts in Abuja and Lagos, respectively.
Furthermore, he described Ms Njemanze’s appeal as one with no prospect of success.
“It is dead on arrival,” he said, stressing that the copyright belongs to Mr Ejiro.
He said: “The appellant has not complied with Order 53 Rule 2 of the Federal High Court (Civil Procedure) Rules, 2019, which states: ‘The notice shall be served, and the appeal entered within thirty days after the date of the order, determination or other decision against which the appeal is brought.’
“By the mandatory provisions of Order 53 Rule 2 of the Federal High Court (Civil Procedure) Rules, 2019, the notice of appeal against the decision of the Trademarks Tribunal “shall” be filed and served within 30 days following the ruling of the Trademarks Tribunal. Additionally, the appeal “shall” be entered within 30 days after the decision of the Trademarks Tribunal.”
Mr Igelige stated that the actress’s appeal failed to comply with the court’s order, describing it as incompetent.
READ ALSO: Ann Njemanze challenges revocation of ‘Domitilla’ at Federal High Court
He stated that the appellate court lacks the jurisdiction or competence to entertain it.
According to him, Ms Njemanze’s appeal was not entered within the required 30-day period.
He explained that an appeal is deemed to have been entered only when all the relevant and complete documents of the proceedings have been compiled and transmitted to the appellate court.
“For the facts and reasons presented above, we respectfully urge that this Honourable Court uphold the decision of the Trademark Tribunal reached on 4th May 2023 and to dismiss the Appellant’s appeal”, said Mr Igelige.
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