Ann Njemanze challenges revocation of ‘Domitilla’ at Federal High Court

Nollywood actress Ann Njemanze has filed a suit at the Federal High Court in Abuja against the Federal Trade Registry’s decision to revoke her “Domitilla” trademark ownership.

The dispute revolves around her registration of the iconic film titled “Domitilla,” a name that has long been associated with the 1996 film produced by veteran filmmaker Zeb Ejiro.

The 1996 film tells the story of a young woman navigating the harsh realities of life as a Lagos prostitute. Ms Njemanze starred in the titular role.

The film also featured notable actresses, including Sandra Achums, the late Ada Ameh, and Kate Henshaw.

On 10 March, Ms Njemanze revived a suit she filed in 2023 in an appeal against the judgement delivered by the Registrar of Trademarks, Shafiu Yauri, who ruled in favour of filmmaker Zeb Ejiro, the original producer of Domitilla, a film in which Ms Njemanze starred in 1996.

In the Tribunal’s decision dated 4 May 2023, the Registrar nullified all documents previously issued to Ms Njemanze regarding the trademark ownership of Domitilla, declaring that she acted in bad faith by registering the name. 

“The petitioner (Ejiro) has been using ‘Domitilla’ for a long time; even the respondent acted in the film named ‘Domitilla’ for the petitioner,” Mr Yauri stated.

Citing Section 22 of the Trademarks Act, the Registrar said the office had the statutory power to correct errors and revoke wrongly issued trademarks.

“The tribunal cancels any document that might have been issued to the applicant; they were all published in error,” he ruled.

But in her originating motion filed at the Federal High Court (Suit No: FHC/ABJ/CS/774/2023), Ms Njemanze, through her legal counsel, is seeking to overturn the tribunal’s ruling.

She argues that the tribunal erred in law by entertaining a petition that had become statute-barred and favouring prior use over lawful registration.

Prayers

Ms Njemanze asks the court to set aside the Trademark Tribunal’s ruling.

She demands that the court reinstate her as the registered owner of the Domitilla trademark.

Ms Njemanze requests that the court order the Registrar to reissue her registration certificate.

She asks the court to rectify all records to reflect her legal ownership of the mark.

Claims

In her affidavit dated 2 June 2023, the actress said she began registering “Domitilla & Device” in September 2020 under Class 41, receiving both an acknowledgement form and a trademark acceptance letter.

She stated that the application was published in the Trademark Journal on 21 October 2021, giving two months for opposition filings.

However, she claimed the petition filed by Mr Ejiro was only submitted on 13 February 2023—over a year beyond the statutory window.

“The petitioner is merely an unregistered user who never applied for the trademark. I paid the prescribed fees, was assigned RTM No: 38983, and expected my certificate before this dispute was raised,” Ms Njemanze stated.

She also argued that the tribunal wrongly inferred bad faith based solely on her past acting roles in the Domitilla films rather than on legal merit.

Ms Njemanze’s appeal raises five grounds, including the misapplication of Sections 18(1) and 18(7) of the Trademark Act and reliance on outdated legal principles.

The court has yet to fix a date for the hearing.

Njemanze faces legal hurdles as defence opposes consolidation of Trademark cases

On 26 March, Ms Njemanze’s lawyer, Benjamin Aguegbodo, asked the trial judge, Friday Ogazi, for an adjournment in the ongoing infringement case at the Federal High Court in Ikoyi.

Mr Aguegbodo told the court that the move is to consolidate two separate trademark-related suits at the Federal High Court in Abuja and Lagos.

Also, Ms Njemanze’s lawyer informed the court that a letter requesting consolidation had been sent to the Chief Judge in Abuja.

The court adjourned the case to 30 June, pending the Chief Judge’s response.

However, in a letter addressed to the Chief Judge of the Federal High Court, the defence counsel representing the defendants in suit FHC/L/CS/541/2023 and the 1st respondent in suit FHC/ABJ/CS/774/2023 opposed the application for consolidation.

The defence argued that Ms Njemanze’s lawyer attempted to merge the two matters in bad faith without proper notice.

The defence said the Abuja case, currently under appeal, stems from a decision by the Trademark Tribunal, which Ms Njemanze is contesting. At the same time, the Lagos matter involves a separate trial on alleged trademark infringement.

The defence lawyer, Rockson Igelige, further maintained that despite the adjournment, they were yet to be served with a copy of the request forwarded to the Chief Judge.

“We were not included or copied in the correspondence and only learned of it during the hearing in open court,” the defence counsel wrote, urging the Chief Judge to disregard the consolidation request.

They stated that the cases differ in subject matter, legal reliefs sought, and causes of action, arguing that the appeal in Abuja cannot be merged with an infringement trial in Lagos.

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Ms Njemanze had filed the Abuja appeal under Order 53, Rule 2 of the Federal High Court Rules, 2019, exercising her legal right to challenge the Trademark Tribunal’s decision.

However, the defence insists that her non-appearance in multiple hearings and attempts to consolidate the suits may be delaying tactics.

The Federal High Court’s Chief Judge has yet to decide whether the two cases should be consolidated.

Background on Domitilla

Domitilla is a crime drama that follows the life of Domitilla Junior, a young woman involved in a web of romantic and criminal escapades for survival.

The film’s plot intensifies as Domitilla and her group of prostitute friends find themselves implicated in the mysterious death of a politician, leading them to fight to clear their names.

The movie, a cultural milestone in Nigerian cinema, featured a stellar cast, including Njemanze, Sandra Achums, Kate Henshaw, the late Ada Ameh, and the late Enebeli Elebuwa. The film propelled many of its cast members into stardom.

In 2023, Netflix released Domitilla: The Reboot, a franchise reboot, rekindling interest in the franchise and further fueling the dispute over the film’s trademark ownership.

The case is ongoing, and the Federal High Court has not set a hearing date.