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January 20, 2026, 02:43:08 PM |
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INTRODUCTION
To Nigerians who have been following up, it is no longer a news that Martins Vincent Otse, alias VeryDarkMan (VDM), a well known social media activist, and Linus Williams Ifejika, alias B-Lord, a Nigerian entrepreneur have been having social media fued for the past one year.
B-Lord announced on the 18th January of the launch of his business app, called The Ratel App, and shortly after made a social media post of directing his lawyer to give VDM, whose social media fan base identifies as The Ratels long before the launching of Ratels App, a cease and desist notice not to use the word Ratel without his authorization. This development has ignited a lot of concerns on the media and questions as well which shall be approached here legally.
WHAT IS TRADEMARK
Trade Mark is a distinctive mark, motto, word, phrase, device, or embiem, which a manufacturer stamps, prints, or otherwise aifixcs to the goods he produces, with the main of it being identified in the market.
Section 5 (1) of the Trademark Act gives the proprietor or registered user of a trademark the exclusive right to use the registered trademark. Section 5(2) further restricts anyone who's not mentioned in 5(1) from unauthorized usage of a registered trademark.
It's pertinent to note that a trademark is different from a business/company name. While the former is for ease identification of the product, the later identifies a business/company and give a legal entity to a company. This difference is a reason companies trademark their names. MTN Nigeria PLC is the name of the company, while MTN itself is the registered trademark.
NICE CLASSIFICATION SYSTEM
Under the Nice Classification system which Nigeria practice, goods and services are classified into various classes ranging from class 1-45. You can only stop people from using your brand name trademarked for goods in a particular class. This means, goods and services outside that class can use similar words and it will not amount to infringement. B-Lord's App and VDM's Ratel Movement are not in same class of goods and services. Meaning B Lord can't stop VDM from using the name ratel.
PRIOR USAGE VS FIRST-TO-REGISTER
Under the Nigerian law, the first to register a trade mark enjoys exclusive right and any other person is, without prejudice restricted from making use of the registered trademark. This is aim at protecting the goods which registration is gotten for from unauthorized usage, and protecting the brand from fraudulent activities.
While the registered user is recognized and enjoys exclusive right, in Law, a prior user of a trademark whether registered or not supercedes anyone who uses it, including the registered user provided he has been using it in good faith. This issue was raised and properly dealt with by the Supreme Court in the Nigerian case of American Cyanamid Company Ltd V Vitality Pharmaceuticals Ltd
In the American Cyanamid case abose, the used the name gonocin to trade his product. The plaintiff sued the defendant for using the registered trademark. The defendant proved without evidence of prior registration to had been using the name five years before it was registered by the plaintiff. The Supreme Court unequivocally stated that "not even an owner or registered user of a trade mark has the right to interfere with an existing, even unregistered, trade mark that has been in continuous prior use and bears an identical or nearly resembling name.
CAN B-LORD STOP VDM?
While the law recognizes who registers first, B-, Lord can not stop VDM from using ratel since they're not under same class. Also, VDM can rely on Prior Use principle even if they're of same class.
CONCLUSION
This story between VDM and BLord shows the need for everyone to trademark everything necessary and worthy of being trademarked in their business. We may see this as mere media bant but it is an eye opener. VDM can only escape because he can prove prior use and they are not even of same class. How about a person that can't prove his?
Source: Sources are in the Laws and cases provided.
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