NOC, IOC SUED NUTRICIMA FOR N2B OVER OLYMPIC MILK
When you see the word OLYMPIC, what comes to mind? It is not MILK. Innit?
It has to do with the Olympic games. It was Baron Pierre de Coubertin who founded the International Olympic Committee (IOC) in 1894, leading to the first modern Games in Athens in 1896.
A Nigerian company has now launched a new product Olympic Milk, allegedly without the authorisation of the IOC and NOC to use the word Olympic. Hence, the litigation is the subject of this post.
The Nigeria Olympic Committee (NOC) and International Olympic Committee (IOC) have dragged Nutricima Nigeria Limited, the Producer Of Olympic Milk to the Federal High Court for passing off and infringing on its name “OLYMPIC”
The Plaintiffs contended that they have suffered as a result of the unauthorized, illegal, wrongful usage of the trade name “Olympic by the defendant for the production of its milk, “Olympic Milk” and organization of its Olympic 5-A side football tournament.
The plaintiffs averred that the IOC became associated with the trade name “OLYMPIC” as far back as 1894 and by its charter.
The Plaintiffs stated that they caused their solicitors to write a letter of 13th December 2012 to the Defendant to stop and desist from using the name “Olympic” to sell and promote its product but the company refused.
Consequently, the I0C and the NOC ask the court for (among other reliefs):
An order that the Defendant pays to the Plaintiffs the sum of N2 billion Naira being general, exemplary and punitive damages for the unauthorized use, passing off and or infringement of the Plaintiffs’ name “Olympic” and usage of the Plaintiffs’ goodwill, integrity and name without due authorization and license.
An order that Defendant pays 50% of profits it has made from the sale of Olympic Milk for the past 5 years to Plaintiffs.
An unreserved apology against further usage and advertisement of the trademark name is to be published in two National Daily Newspapers.
However, in its statement of defence, NUTRICIMA denied the allegations by the NOC AND IOC. It asked the court to dismiss the suit for lacking in merit, frivolous, vexatious, and gold-digging”