A Federal High Court in Lagos, Nigeria has ordered MTN Nigeria Communications Ltd. to pay N840 million in damages for unlawfully using the trademark “WEBPLUS,” which belongs to Citilink Accesscorp Limited.
Delivering judgment in suit FHC/L/CS/1124/2014, Justice Daniel Osiagor ruled that MTN had infringed on Citilink’s registered trademark and ordered a perpetual injunction restraining the telecom giant from further using the name.
“The evidence before the court shows that Citilink Accesscorp Limited is the rightful owner of the ‘WEBPLUS’ trademark,” Justice Osiagor declared. “MTN’s use of this name constitutes an infringement, and the plaintiff is entitled to damages.”
Citilink Accesscorp Limited, represented by its legal counsel Azubuike Obiekwe, initiated the lawsuit against MTN and the Registrar of Trademarks, Patents & Designs. The company sought a court declaration affirming its exclusive right to the “WEBPLUS” trademark, registered under Class 9 of the Trademark Registry.
The plaintiff also requested an order preventing MTN and the Registrar from issuing or registering any similar trademarks, including “WEBPLUS,” “WEB+,” and “MTN WEBPLUS,” under Classes 9, 16, and 38.
MTN, represented by its counsel Fidelis Adewole, argued that the defense of honest concurrent use applied in this case. Adewole claimed that MTN had used the mark in good faith and without deceptive intent.
However, Justice Osiagor rejected this defense, stating, “MTN failed to prove that its use of the ‘WEBPLUS’ name was legitimate under trademark laws.”
The court awarded general damages of N840 million, calculated at N70 million per year from 2014 to 2025, for Citilink’s loss of business and brand dilution.
“In addition to the awarded damages, an annual interest of 15 percent will be applied until the judgment is fully paid,” the judge ruled.
Justice Osiagor also upheld Citilink’s request for a perpetual injunction, barring MTN from using the “WEBPLUS” trademark in any form. However, he denied special damages, including legal fees, due to insufficient proof.
