Question of
the Week
I am the manager of one of the most
successful athletes in Africa. Please call me TJ. My client is popularly known
as Ben
Breeze by fans locally and internationally. This nickname has
practically become a brand synonymous with speed, power, and confidence. Last
week, we stumbled upon a new energy drink in Lagos called Ben
Breeze. Within weeks of being launched in the Nigerian market, the
energy drink has being enjoying reception, especially amongst sportsmen and
sportswomen. Ben Breeze is a product of MultiEnergy
Limited, a Nigerian company. We consider MultiEnergy’s act an unlawful act of
passing off. I believe MultiEnergy is unduly exploiting my client’s name and
popularity to sell its identically named, energy drink, Ben
Breeze. My client has not trademarked the nickname. Do we have a
case in passing off?
successful athletes in Africa. Please call me TJ. My client is popularly known
as Ben
Breeze by fans locally and internationally. This nickname has
practically become a brand synonymous with speed, power, and confidence. Last
week, we stumbled upon a new energy drink in Lagos called Ben
Breeze. Within weeks of being launched in the Nigerian market, the
energy drink has being enjoying reception, especially amongst sportsmen and
sportswomen. Ben Breeze is a product of MultiEnergy
Limited, a Nigerian company. We consider MultiEnergy’s act an unlawful act of
passing off. I believe MultiEnergy is unduly exploiting my client’s name and
popularity to sell its identically named, energy drink, Ben
Breeze. My client has not trademarked the nickname. Do we have a
case in passing off?
Answer
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or places referred to in IP ABC may be fiction. Such fictional
contents are meant to aid comprehension. When real names are used, it is
for illustrative purposes only. Facts or stories around these names
are fiction. Questions are for educational purposes. Answers provided
on IP ABC are prepared by Infusion Lawyers and are for
educational purposes only. Answers should not be construed as legal
advice or legal opinion under any circumstances. If you have questions or legal
problems that you need legal assistance with, please contact your IP lawyer or
law firm, or contact Infusion Lawyers
if you have none. And whenever any links shared through IP ABC lead to
other sites, neither IP ABC site nor Infusion Lawyers’ website incorporate
any materials published in such linked sites. We also do not
necessarily approve, endorse, or otherwise sponsor such links. ALL
external links may have been used for reference purposes only.
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