The federal high court in Abuja has summoned Friesland Foods Wamco Nigeria Plc, manufacturers of Peak Milk, following a suit filed by Sabinus, the skit maker, against the firm.
In May, Sabinus, whose real name is Chukwuemeka Ejekwu, had tackled the beverage company over alleged unauthorised use of his catchphrase “something hooge” in an advert on its social media handle.
In the notice filed through Stanley Alieke, his lawyer, Sabinus demanded N1 billion in compensation and damages.
At the time, he had threatened to sue the brand if it failed to comply within two weeks from the receipt of the legal notice.
The comedian would later continue with the suit, citing failure of the beverage company to address the issues raised by him.
In a writ of summons addressed to the company and seen by TheCable Lifestyle on Thursday, the court ordered the company to respond to the skit maker’s suit within 30 days.
The court added that the plaintiff may proceed with the case and get judgement in the company’s absence if it defaults.
“You are hereby commanded that within 30 (thirty) days after the service of this writ on you, inclusive of the day of such service, you do cause an appearance to be entered for you in an action at the suit of the above plaintiff,” it reads.
“Take notice that in default of your so doing, the Plaintiff may proceed therein and judgment may be given in your absence.”
In the suit, Sabinus asked the court to declare the unauthorised use of his slogan by Peak Milk as unlawful.
He alleged that the advert was used by the firm to “deceive the public to think that the plaintiff is associated with the product or endorses the product.”
Sabinus also told the court that the firm “has unjustly been enriched by its failure or refusal to compensate the plaintiff for the exploitation of his slogan and intellectual property without the plaintiff’s consent, endorsement and or authorization.”
He prayed the court to direct the firm to pay the sum of N5 million as legal fees and cost of the suit in addition to N1 billion to be paid as compensation and damages.
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