Introduction
In recent years, the exponential growth
in the Nigerian entertainment industry
has tremendously influenced the
significance of intellectual property
protection within the industry. With
increased concerns over the unabated
exploitation of intellectual property in
the country, many content creators
(creatives) have proceeded to register
their artistic products in copyright,
trademark or patent. It is by virtue of
one of these recent moves to protect
intellectual properties, that Mr.
Chukwuemeka Emmanuel popularly
referred to as “Oga Sabinus” or “Mr.
Funny” a rising and award wining
comedian, content-creator and
skit-maker had the foresight to register
his popular catchphrase “Something
Hooge" attributed to him as a
trademark, as far back as 2021.
Recently, the social media space has been
embroiled with controversies over the
alleged infringement and exploitation of
the said registered Trademark. On 24th of
May 2022, Friesland Foods Wamco Nig.
Plc (“manufacturers of Peak Milk) made an
Instagram post and used the
trademarked phrase – ‘Something Hooge’ to
promote its Peak National Breakfast
Week. In reaction to what the FMCG
giant thought would be a trending
advertisement, Mike Premium Talent
Management (“Mike Premium”), Oga
Sabinus’ brand management company
engaged its solicitors to slam a
1-billion-naira suit against Friesland for
the unlawful exploitation of the
trademark.
On a different albeit related note, on the
23rd of May 2022, UAC Foods Limited
(“UAC”), the manufacturer of Gala
sausage roll, made an Instagram post
using a cartoon version of Oga Sabinus’
picture in promoting its gala sausage roll
product. Mike Premium has also reacted
to the said post and claimed the sum of
One Hundred Million Naira for the
alleged unlawful exploitation of the
picture.
Are catchy expressions/phrases or
slogans such as “Something Hooge”
worthy of Intellectual Property
protection?
Intellectual property are creative works
such as signs, symbols, designs, names,
images, publications, expressions and a
wide range of works which are
identifiable to a person or a product, and
are of economic value.1 It follows that
expressions, catchphrases, slogans,
motto, etc., which are associated with a
person, entity or product qualify as
intellectual properties. Catchphrases such
as “something hooge”, “E choke”,
“Everywhere you go”, “Ooinn, you are doing
well”, “Soro soke”, “Werey dey disguise”, “Cut
soap for me”, etc., are popular phrases
associated with well known persons and
have become brands worthy of
protection. But what category of
intellectual property are they? These
catchphrases are not eligible for
protection under the Nigerian copyright
law2, they are, however, eligible for
1
https://www.wipo.int/about-ip/en/
2
Section 1 of the Copyright Act did not contemplate
words, phrases, slogans, etc. as works eligible for
copyright, as time, skill and labour are essential
ingredients for determining if a work is eligible for
copyright.
registration as a trademark.3 A trademark unauthorized use of “Something
is any sign, design, word, phrase or Hooge” ?
expression which identifies to a person
The unauthorized use of a mark duly
or product or which distinguishes the
registered and subsisting by someone
products or services of a particular
other than the owner of it or the licensee
source from those of others. 4
is regarded as an infringement of the
Why is it necessary to register a trademark.9 As earlier stated, the
catchphrase as a trademark? catchphrase "Something Hooge” has been
registered as a trademark and as such,
Trademarks must be registered under the
the unauthorized use of same amounts
Nigerian Trademark Act in order to
to an unlawful exploitation of the
guarantee its protection and
catchphrase, hence, an infringement of
enforceability in the event of
Oga Sabinus’ trademark. The objective
infringement.5 In our previous article on
of this protective provisions is to ensure
trademark, we highlighted the procedure
that no one other than the registered
required for the registration of a
proprietor of a trademark uses a mark
trademark in Nigeria.6 Hence, the author
either identical or so nearly resembling it
of a catchphrase who has not registered
as to likely deceive or cause confusion in
it as a trademark shall not be entitled to
the course of trade relating to the goods
institute a proceeding to prevent, or to
or service of the proprietor. The
recover damages for the infringement of
Supreme Court in Ayman Enterprises Ltd
an unregistered Trademark.7 However,
v. Akuma Industries10 held that in an action
the owner may be able to invoke the
for infringement of trademark, the
common law principles of passing off
person must prove that he is a proprietor
and institute a claim against the infringer
with respect to the mark, the mark is
for the unlawful exploitation of his
duly registered and subsisting, and the
catchphrase to procure financial gains.8
alleged infringer had used the same mark
Does Oga Sabinus have a justified right or similar mark. However, it is important
of action against Friesland for the to point out that trademarks are
registered in classes and are only
enforceable against infringement by
3
See section 67 of the Trademark Act defines mark goods/products within that specific
to include “a device, brand, heading, label, ticket,
name, signature, word, letter, numeral, or any class.11 Hence, in further consideration
combination thereof;”
4
of the claims Oga Sabinus, it appears
See
https://www.theassemblyhub.com/all-you-need-to-k that the catchphrase “Something Hooge”
now-about-intellectual-property-in-nigeria-trademark was registered in class 36 in respect of
-registration/ “Insurance; financial services; real estate agency
5
D & S Trading Co. Ltd v. Remia C. (2019)
LPELR-47628(CA) services; building society services; banking;
6
stockbroking; financial services provided via the
https://www.linkedin.com/posts/perchstone-%26-g
raeys_faq-on-ip-registration-in-nigeria-activity-68362
9
14316371329024-qkbp?utm_source=linkedin_share Morison Industries Plc V. CPL Industries Ltd
&utm_medium=member_desktop_web (2021) LPELR-52981(CA)
7 10
Section 3 of the Trademark Act. Supra, note 8.
8 11
Ayman Enterprises Ltd v. Akuma Ind. Ltd. & Ors Toyota Motor Corporation v. Subaya Metalware
(2003) LPELR-683(SC) (Nig) Ltd & Anor (2017) LPELR-45368(CA)
Internet; issuing of tokens of value in relation to
bonus and loyalty schemes; provision of financial
information”. Thus, considering that the
infringement of the catchphrase was
with respect to dairy products which is
within Class 29, the chances of success
for Oga Sabinus’ in an action for
trademark infringement, are quite slim.
Nonetheless, Oga Sabinus has a valid
claim in the tort of passing off.
Does Oga Sabinus have a copyright over
the cartoon which bears a close
resemblance to his picture, used for the
promotion of Gala sausage roll?
Under the Nigerian Copyright Act, the
copyright over an image belongs to the
author of the image, that is the
photographer, and not the image owner,
that is the person who is shown in the
image.12 Hence, the maker of the cartoon
image of Oga sabinus, being an artistic
work, is the author of the said image and
the initial copyright over the image
belongs to the author.13 In his case, Oga
Sabinus cannot validly claim ownership
of the said cartoon image. However, Oga
Sabinus can maintain an action against
UAC in the tort of passing off, for the
use of an image in his semblance to
procure financial gains.14
Lessons to Businesses & the
Nigerian Entertainment Industry
In view of the foregoing analysis,
business entities must pay attention to
the images, words, expressions, signs,
symbols, etc., used for the purpose of
their product advertorials; recognize the
necessary intellectual property rights that
may accrue to such expressions; and
where necessary, seek the right
permission for the exploitation of such
expressions. The reckless exploitation of
intellectual properties by the marketing
and advertisement units of these
business entities presents a potential
floodgate of law suits against them by
the rightful owners of those intellectual
properties.
In the same vein, players within the
Nigerian entertainment industry,
especially content creators, must take a
leaf from Oga Sabinus by ensuring the
protection of their popular catchphrases,
slogans, signs, symbols, etc. Be that as it
may, it is important that such IPs are
appropriately registered. Besides, the tort
of passing off, Oga Sabinus may have
had no chances at legal remedy for
having registered his trademark in a class
different from the nature of services for
which the slogan would normally be
used. It is worthy of mention that
establishing passing off in court is a hard
nut to crack and same can be avoided by
ensuring that trademarks are registered
across relevant classes. This is the more
reason why experts in Intellectual
Property laws should be engaged or
consulted for the registration of
intellectual properties.

12
Banire v NTA-Star TV Network (2021)
LPELR-52824(CA); See Section 10 of the Copyright
Act.
13
Section 10(1) of the Copyright Act.
14
Banire v NTA-Star TV Network, supra.
 L a g o s : 1 , P e r c h s t o n e & G r a e y s C l o s e , o f f R e m i
O l o w u d e , L e k k i E p e E x p r e s s w a y , L a g o s ; T e l :
+ 2 3 4 - 1 - 3 4 2 9 1 3 1 , 7 6 1 1 0 5 1

A b u j a : D 3 , J i m a P l a z a , 1 6 2 7 A h m a d u B e l l o W a y ,
A r e a 1 1 , G a r k i A b u j a ; T e l : + 2 3 4 9 2 9 1 9 1 9 1 ,
0 7 0 4 5 9 8 4 7 9 2

B e n i n C i t y : 4 0 , A d e s o g b e R o a d , B e n i n C i t y , E d o
S t a t e ; T e l : + 2 3 4 7 0 6 8 5 1 8 6 5 0 , 0 7 0 4 5 9 8 4 7 7 6

E m a i l : e d i t o r @ p e r c h s t o n e a n d g r a e y s . c o m ;
c o u n s e l @ p e r c h s t o n e a n d g r a e y s . c o m

W e b s i t e : w w w . p e r c h s t o n e a n d g r a e y s . c o m

C o p y r i g h t : A l l r i g h t s r e s e r v e d . N o p a r t o f t h e
p u b l i c a t i o n m a y b e r e p r o d u c e d , s t o r e d i n a
r e t r i e v a l s y s t e m o r t r a n s m i t t e d i n a n y
f o r m o r b y a n y m e a n s w i t h o u t t h e p r i o r
p e r m i s s i o n i n w r i t i n g o f P e r c h s t o n e & G r a e y s
o r a s e x p r e s s l y p e r m i t t e d b y l a w .

D i s c l a i m e r : W e i n v i t e y o u t o n o t e t h a t t h e
c o n t e n t o f t h i s n e w s l e t t e r i s s o l e l y f o r g e n e r a l
i n f o r m a t i o n p u r p o s e s o n l y a n d s h o u l d
i n n o w a y b e c o n s t r u e d o r r e l i e d o n a s l e g a l
o p i n i o n . W e u r g e y o u t o c o n t a c t u s s h o u l d y o u
r e q u i r e s p e c i f i c l e g a l a d v i c e o n a n y o f
t h e t o p i c s t r e a t e d i n t h i s p u b l i c a t i o n .