A Federal High Court in Lagos has ordered MTN Nigeria Communications Ltd. and the Registrar of Trademark, Patent & Designs to pay N840 million in damages for infringing on the registered trademark “WEBPLUS” owned by Citilink Accesscorp Limited.
Delivering judgment in suit FHC/L/CS/1124/2014, Justice Daniel Osiagor ruled that MTN unlawfully used the “WEBPLUS” trademark, which was legally registered under Class 9 of the Trademark Registry by Citilink Accesscorp.
The judge also issued a perpetual injunction restraining MTN and the Registrar from registering or issuing certificates for “WEBPLUS,” “WEB+,” “MTN WEBPLUS,” or any similar variations under Classes 9, 16, and 38 of the trademark classification.
Citilink, represented by counsel Azubuike Obiekwe, sought a declaration affirming its sole ownership of the “WEBPLUS” trademark under Registration RTM No. 65162.
The company argued that MTN’s use of “MTN WEBPLUS” and “WEB+” amounted to trademark infringement, urging the court to grant a perpetual injunction against the telecoms giant.
However, MTN’s legal team, led by Fidelis Adewole, countered that the defence of honest concurrent use applied in the case.
Adewole argued that MTN had used the mark without deceptive intent and in good faith, urging the court to dismiss the claims.
Justice Osiagor, however, rejected MTN’s defence and ruled in favour of Citilink.
He awarded N840 million in general damages, calculated at N70 million per year from 2014 to 2025, for loss of business and brand dilution.
The judge also imposed a 15% annual interest on the judgment sum until full payment is made.
While granting the perpetual injunction sought by Citilink, the court declined a request for special damages covering legal fees, citing insufficient proof.
This ruling marks a significant legal victory for Citilink Accesscorp and reinforces the protection of intellectual property rights in Nigeria’s business landscape.
The judgment places financial and reputational pressure on MTN Nigeria, one of the country’s largest telecom operators.
The ruling underscores the legal consequences of trademark infringement, signaling stricter enforcement of intellectual property laws in Nigeria’s corporate environment.
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