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
 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
. 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
. My client has not trademarked the nickname. Do we have a
case in passing off?


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