It’s stating the obvious that, Mr Tony Onyemaechi Elumelu, the Chairman of United Bank of Africa Plc (UBA), and also the founder of the Tony Elumelu Foundation, is indeed a liberal minded man with a heart of Gold. It seems some unscrupulous element are taking his gentle and kind nature for granted.
For this reason, Mr Tony Elumelu has
dragged a Publisher Mr Uju Onyechere, Mr Fabian Chima Eni and Divine Care Pharmaceutical Company
limited before a Federal high court in
Lagos, Nigeria for allegedly passing off a book entitled ”TONY
ELUMELU STRAIGHT FROM THE GUTS”.
dragged a Publisher Mr Uju Onyechere, Mr Fabian Chima Eni and Divine Care Pharmaceutical Company
limited before a Federal high court in
Lagos, Nigeria for allegedly passing off a book entitled ”TONY
ELUMELU STRAIGHT FROM THE GUTS”.
In an affidavit sworn to by a legal practitioner Mr Osinowo
Kolawole and filed before the court by the law firm of Tokunbo Orimobi
the deponent averred that, over the years Mr Tony Elumelu through
doggedness and hardwork has acquired substantial reputation with the
house hold name “TONY ELUMELU” in connection with his person and brand as the name
has become well known in the Nigerian and Global banking and finance
industry.
Kolawole and filed before the court by the law firm of Tokunbo Orimobi
the deponent averred that, over the years Mr Tony Elumelu through
doggedness and hardwork has acquired substantial reputation with the
house hold name “TONY ELUMELU” in connection with his person and brand as the name
has become well known in the Nigerian and Global banking and finance
industry.
Apart from being the founder of Tony Elumelu foundation, he is
also well respected in high esteem in the following capacities, the Chairman
of Transnational Corporation of Nigeria Plc, (TNC),Chairman Heirs
Holding Limited, a foremost Nigerian Economist, a Philanthropist an
Entrepreneur, Afri-capitalist and an Author. However sometimes in October, 2017, it came to the Plaintiff’s
attention via anonymous tip that Divine care Pharmaceutical limited was
displaying and offering for sale to the general public a book entitled
“TONY ELUMELU STRAIGHT FROM THE GUTS” with international standard book
Number 978 978 917 108-8 at its office number 32,Enitan Street, Aguda Surulere Lagos State.
also well respected in high esteem in the following capacities, the Chairman
of Transnational Corporation of Nigeria Plc, (TNC),Chairman Heirs
Holding Limited, a foremost Nigerian Economist, a Philanthropist an
Entrepreneur, Afri-capitalist and an Author. However sometimes in October, 2017, it came to the Plaintiff’s
attention via anonymous tip that Divine care Pharmaceutical limited was
displaying and offering for sale to the general public a book entitled
“TONY ELUMELU STRAIGHT FROM THE GUTS” with international standard book
Number 978 978 917 108-8 at its office number 32,Enitan Street, Aguda Surulere Lagos State.
Mr Kolawole averred further that Mr Tony Elunelu is not the Author,
Publisher or a distributor of the said offending book and neither is
anyone, including any of the defendants herein or any other person,
natural or incorporated entity, authorised, permitted or licensed to
author, publish,sell or offer for sale any such book. Being seriously perturbed and concerned about the existence of the
said offending book, as same constitutes an infringement of the
Plaintiff ‘s brand, trade Mark, name and goodwill, he detailed some
people to investigate same at Fabian Chima Eni ‘s place of business.
However, by the time the Plaintiff ‘s representatives arrived at his
premises, most copies of the book had been sold off, but a copy of the
book being offered for sale was purchased from the office of Divine Care
Pharmaceutical limited.
Publisher or a distributor of the said offending book and neither is
anyone, including any of the defendants herein or any other person,
natural or incorporated entity, authorised, permitted or licensed to
author, publish,sell or offer for sale any such book. Being seriously perturbed and concerned about the existence of the
said offending book, as same constitutes an infringement of the
Plaintiff ‘s brand, trade Mark, name and goodwill, he detailed some
people to investigate same at Fabian Chima Eni ‘s place of business.
However, by the time the Plaintiff ‘s representatives arrived at his
premises, most copies of the book had been sold off, but a copy of the
book being offered for sale was purchased from the office of Divine Care
Pharmaceutical limited.
It was also discovered that Fabian Chima was also partaking in
the passing off against the Plaintiff, consequently on October
17, 2017, the Plaintiff’s representative traced him to his bookshop at
number 81 Imomo Nla Road, AP Bus Stop Off Ijede Road Ikorodu Lagos State
where upon a covert enquiry, Fabian Chima confirmed to the Plaintiff ‘s
representative that he has a large stockpile of the book for sale.
the passing off against the Plaintiff, consequently on October
17, 2017, the Plaintiff’s representative traced him to his bookshop at
number 81 Imomo Nla Road, AP Bus Stop Off Ijede Road Ikorodu Lagos State
where upon a covert enquiry, Fabian Chima confirmed to the Plaintiff ‘s
representative that he has a large stockpile of the book for sale.
The defendants were alleged to have deliberately published and
continued retailing the book and have been benefiting undeservedly from
passing off the name, goodwill and reputation of the Plaintiff which
have been built over the past twenty years from his personal and
professional sojourn. By the reason of the action of the defendants without the consent of
the Plaintiff, there has been great confusion on the general public as
to the authorship of the book.
continued retailing the book and have been benefiting undeservedly from
passing off the name, goodwill and reputation of the Plaintiff which
have been built over the past twenty years from his personal and
professional sojourn. By the reason of the action of the defendants without the consent of
the Plaintiff, there has been great confusion on the general public as
to the authorship of the book.
The defendants, by way of the offending book and in a design to
confuse the general public with regards to the authorship of same,
represented at various pages of the book with the clear intention to
confuse and achieve their aim of passing off the said book as the
Plaintiff’s created an impression that Mr Tony Elumelu sanction the
publication with his name with quotes ascribe to it. In view of the foregoing, the Plaintiff is seeking for the order of
the court restraining the defendants and their agents, from
distributing, advertising, selling, offering or displaying for sale, or
otherwise howsoever merchandising the book entitled TONY ELUMELU
STRAIGHT FROM THE GUTS. at any location in Nigeria. The Presiding judge, Babs Kiewumi has adjourned till 13th of March 2018, for the hearing of the suit.
confuse the general public with regards to the authorship of same,
represented at various pages of the book with the clear intention to
confuse and achieve their aim of passing off the said book as the
Plaintiff’s created an impression that Mr Tony Elumelu sanction the
publication with his name with quotes ascribe to it. In view of the foregoing, the Plaintiff is seeking for the order of
the court restraining the defendants and their agents, from
distributing, advertising, selling, offering or displaying for sale, or
otherwise howsoever merchandising the book entitled TONY ELUMELU
STRAIGHT FROM THE GUTS. at any location in Nigeria. The Presiding judge, Babs Kiewumi has adjourned till 13th of March 2018, for the hearing of the suit.
