Court Orders MTN To Pay N840m For Trademark Infringement On WebPlus

Posted on March 23, 2025

Justice Daniel Osiagor of the Federal High Court in Lagos has ruled in favour of Citilink Accesscorp Limited, ordering MTN Nigeria Communications Ltd. and the Registrar of Trademark, Patent & Designs to pay N840 million in damages for infringing on the company’s registered trademark, ‘WEBPLUS’.

The court found MTN guilty of unauthorized use of the “WEBPLUS” trademark, which was lawfully registered by Citilink under Class 9 of the Trademark Registry.

Justice Osiagor issued a perpetual injunction prohibiting MTN and the Registrar from registering or issuing any certificates for “WEBPLUS,” “WEB+,” “MTN WEBPLUS,” or any similar variations under Classes 9, 16, and 38.

In suit number FHC/L/CS/1124/2014, Citilink Accesscorp Limited, represented by its counsel Azubuike Obiekwe, sought the following legal reliefs: “A declaration that it is the sole legal owner of the “WEBPLUS” trademark under Registration RTM No. 65162.

A ruling that MTN’s use of “MTN WEBPLUS” or “WEB+” constitutes trademark infringement.

A perpetual injunction preventing MTN and the Registrar from issuing or registering any similar marks.

MTN’s legal team, led by Fidelis Adewole, argued that the defence of honest concurrent use applied in this case.

They contended that even if the trademarks were similar, MTN had used the mark without deceptive intent and in good faith, urging the court to dismiss the claims.

In his judgement Justice Osiagor rejected MTN’s defence and ruled in favour of Citilink, granting the following reliefs:

“General damages of N840 million, calculated at N70 million per year from 2014 to 2025, for loss of business and brand dilution. An additional 15% annual interest will be applied until the judgment is fully paid.

A perpetual injunction restraining MTN from using the “WEBPLUS” trademark.

Justice Osiagor however refused request for special damages, including legal fees, due to insufficient proof.

The court reaffirmed that the Federal High Court has exclusive jurisdiction over trademark infringement cases under Section 251(1)(f) of the 1999 Constitution. Citing Omnia (Nig.) Ltd v. Dyke Trade Ltd (2007) 15 NWLR (Pt. 1058) 576 SC, the judgment emphasized that all trademark disputes fall within the Federal High Court’s jurisdiction.

Additionally, the court ruled that merely adding a company’s name (such as “MTN”) to an existing trademark does not remove the likelihood of confusion, citing Draper v. Trist (1939) All E.R 513 (C.A.).

With this judgment, MTN is now permanently barred from using “WEBPLUS” or any similar name, solidifying Citilink Accesscorp Limited’s exclusive rights over the trademark.

Leave a Reply

Your email address will not be published. Required fields are marked *

Latest News

A suspected inheritance dispute has turned deadly in Owerri following a series of violent... Continue
  The Divine Mandate Movement (DMM) has responded to a disclaimer issued by the... Continue
BY YUSUF ADEOYE Without prejudice to qualities that count for co-aspirants to the governorship... Continue
Nigeria’s leading instant noodle brand, Indomie, is backing a cross-country cycling journey by 15-year-old... Continue
Zamfara State Governor Dauda Lawal has been named as a member of the presidential... Continue
BY ADEDAYO OLOWONIYI  Since the return to democratic governance in Nigeria in 1999, the Ministry... Continue
MICHAEL AKINOLA Indian billionaire and Chairman of the Nigeria-based Milan Group, Mr. Ramesh Valechha... Continue
President Bola Ahmed Tinubu, accompanied by the First Lady, Senator Oluremi Tinubu, will depart... Continue
President Bola Tinubu on Monday swore in Mr Taiwo Oyedele, the chairman of the... Continue
Dangote Industries Limited (DIL) and GCL Group, China’s leading private energy conglomerate, have formalized... Continue

UBA


Access Bank

Twitter

Sponsored