The Federal High Court in Lagos has dismissed a N1billion suit filed against MTN Nigeria Communications Plc by Walls and Gates Ltd and its Managing Director, Mr. Okechukwu Udeichi.

The plaintiffs had alleged copyright infringement, breach of confidentiality, and trademark violations arising from MTN’s 20th Anniversary promotional campaign.

Justice Ayokunle Olayinka Faji agreed with MTN’s legal team led by Obafemi Agaba of Jackson, Etti & Edu that the plaintiffs failed to establish any legally protectable right in their proposal titled: “20 for 20.”

The court described the suit as frivolous, speculative, and vexatious.

The action was accordingly dismissed in its entirety, with N3 million awarded as costs against the plaintiffs.

In suit FHC/L/CS/1935/2021, the plaintiffs claimed that MTN unlawfully exploited their “20 for 20” proposal, which they said was submitted to the telecommunications company on September 17, 2019, ahead of MTN’s 20th anniversary celebrations in 2021.

They alleged that MTN’s anniversary promotion, under which 20 Sport Utility Vehicles were awarded to subscribers, was derived from their proposal and amounted to infringement of their copyright, confidential information, and trademark.

On that basis, they sought damages of N1 billion or, in the alternative, an order compelling MTN to account for revenue generated from the promotion and remit 50 per cent of it to them.

MTN denied the claims, arguing that the proposal was an unsolicited business idea that created no contractual or confidential obligation.

The company maintained that its 20th anniversary programme was independently developed and that the plaintiffs’ document amounted to a general business concept not protectable under Nigerian copyright law.

MTN also contended that the plaintiffs lacked a valid registered trademark and failed to show that the company had access to, or copied, any protectable expression from their work.

Source; The Nation News