Stella Dimoko Korkus.com: Movie Producer Zeb Ejiro And Actress Ann Njemanze Battle Over Movie 'Domitilla' Trademark..

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Sunday, March 19, 2023

Movie Producer Zeb Ejiro And Actress Ann Njemanze Battle Over Movie 'Domitilla' Trademark..

Seasoned movie producer, Zeb Ejiro and actress Ann Njemanze, are in court over the trademark of ‘Domitilla’, a classic movie.



‘Domitilla 1& 2’ were first produced in 1996 and 1999 by the veteran movie producer, Ejiro.

Njemanze was employed by Ejiro as its lead character, alongside other veteran actors such as, the late Enebeli Elebuwa, Kate Henshaw, late Adah Ameh for the original release of the classic movie.

Almost three decades after the success of the movie, Ejiro decided to partner with other movie companies such as FilmOne Entertainment and Film Trybe Media to produce a sequel of the movie.

Njemanze was invited on board again to feature in the sequel. They had finalised their deal before she suddenly made a U-turn and slammed Ejiro with a lawsuit that he infringed on her trademark.
 
The plaintiff, an actress in the movie industry, in her statement of claim in Suit no FHC/L/CS/2305/22, which was filed by her lawyers, led by Bartholomew Aguegbodo, had accused the defendants, Ejiro, Filmone Entertainment and Film Trybe Media, who are movie producers, script writers and directors of infringing in the exclusive right of her trademark, ‘Domitilla & Device’, which she registered on 16th September, 2020.

She demanded N50 million from the defendants for the loss occasioned by the infringement of the said registered trademark. And another five million naira for cost of litigations and lawyers fees incurred.

Njemanze also asked the court for an Order of injunction restraining the defendants or any other person from using her trademark or any other mark that is deceptively similar to the registered trademark.

However, one of the defendants, Ejiro, in an ongoing legal battle over the legitimate owner of ‘Domitilla’ has accused the plaintiff, Njemanze, in a suit filed at the Federal High Court, Lagos, of indulging in a gold-digging exercise.

Ejiro, who is an agent of Zeb Ejiro Productions Limited, in a statement of defence, filed by his lawyers, led by Rockson Igelige, said the present action by the Plaintiff is a gold-digging exercise instituted with the intent of making undue financial gains from the defendants.

According to Ejiro, the plaintiff was employed by her principal, Zeb Ejiro Productions Limited in 1996 and 1999 as a lead character in a movie tittled ‘Domitilla 1’ and ‘Domitilla 2’ respectively. The defendant argued that Zeb Ejiro Productions Limited has been using the title for its works before the plaintiff who was merely employed as a character in the work proceeded to trademark the name for her selfish gains.

“Further or in alternative to the immediate paragraph above, the defendants aver that the plaintiff’s alleged application for and or purported registration of ‘Domitilla and Device’ as a trade mark, if at all, is intentioned to enable the plaintiff stay as a squatter on the Trade Marks Register with the view to trafficking and or trading only the trade mark of ‘Domitilla and Device’ itself to the economic detriment of the 1st Defendant’s principal (Zeb Ejiro Productions Limited).

“The defendants stated that the plaintiff has no goodwill and reputation in the word, ‘Domitilla’. The 1st defendant’s principal (Zeb Ejiro Productions Limited) has used the word, ‘Domitilla’ as a film character and as the title of its films, ‘Domitilla 1 and Domitilla 2’ since 1996 till date thereby building strong goodwill and widespread reputation in the word, ‘Domitilla’ in respect of the class of goods and services the plaintiff alleged or purport to have applied for registration and/or registered ‘Domitilla & Device’ as a trade mark.

“At all material times, the plaintiff is aware of the global scale of advertising and promotion of the film ‘Domitilla 1 and Domitilla 2’ by the 1st defendant’s principal (Zeb Ejiro Productions Limited) in collaboration with DAAR Communication Ltd, owners of Africa Independence Television network since 1996. At all material times, the plaintiff is aware and or knows the films, ‘Domitilla 1 and Domitilla 2’ have been exhibited in many International Film Festivals by the 1st defendant’s principal (Zeb Ejiro Productions Limited), and also uploaded on Youtube.

“In September 2001, the 1st defendant’s principal (Zeb Ejiro Productions Limited), and the 1st defendant in conjunction with The French Cultural Centre, Lagos exhibited and screened the films, ‘Domitilla 1 and Domitilla 2’ in Lagos State as part of an educational tour for school students,” the statement said.

The statement further added that “the plaintiff has consented in allowing the 1st defendant’s principal (Zeb Ejiro Productions Limited) to use the plaintiff’s image, voice and photograph in promoting the films, ‘Domitilla 1 and Domitilla 2’ since 1996.

“The defendants further stated that the plaintiff has been aware since 1996 of the 1st defendant’s principal (Zeb Ejiro Productions Limited) use of the word, ‘Domitilla’ as the name for a film character; as the title of the films, ‘Domitilla 1 and Domitilla 2’; and for advertising / promotion of the film, ‘Domitilla 1 and Domitilla 2’.

“The plaintiff has thereby acquiesced in such use of the word, ‘Domitilla’ and has never challenged the 1st defendant’s principal (Zeb Ejiro Productions Limited) use of the word, ‘Domitilla’ at all before this action was commenced. The defendants aver that the National Film and Video Censors Board also approved and rated the film ‘Domitilla 1’ as 18 under the application of the 1st defendant’s principal (Zeb Ejiro Productions Limited) before it was released to the public in 1996 and 1999, in compliance with the law.

“The defendants aver that since the respective release of ‘Domitilla 1 and Domitilla 2’ in 1996 and 1999, the films have continuously been in the market, first in Video Cassettes; later in Compact Discs, and now majorly as internet downloads all under the proprietary name of Zeb Ejiro Productions Limited.

“Further to the above, the 1st defendant states that the present action by the plaintiff is a gold-digging exercise instituted with the intent on making undue financial gains from the defendants.”

Ejiro has in turn sued Njemanze for breach of confidence over the act of exposing confidential information.

He asked her for 500 Million Naira for making use of confidential information that she had access to, during her role as an actress in the production of ‘Domitilla 1 and 2’.

42 comments:

  1. She has seen how money is made from the remake of the old movie: Living in Bondage, thats why she wants the big pie by all means

    ReplyDelete
  2. This Njamenze is troublesome. This movie is clearly Zeb Ejiro movie.

    ReplyDelete
    Replies
    1. She trademarked the name.
      Why didn't Zeb Ejiro trademark it?

      KING XOXO MYSTERY

      Delete
    2. What she did was foul! Why did she trademark the name when she was not the brains behind the idea. In the court of law, she has a case but in the morality court, she is a greedy girl!

      Delete
    3. King or baby xoxo always on the wrong side of any issue, defending the indefensible and any for of insanity.

      Delete
    4. We can argue that morally, what she did is wrong but legally, she will win. This is actually a full time job for some. They trademark website names, business names, popular phrases etc. and make money selling them. An individual trademarked "Bafana Bafana", which is the known name of South Africa's national soccer team's name, that people used for years. They had to buy it back after an 18-years court battle. They couldn't win. If you have a company or any name you created and use on social media, on your product, etc. which has started getting popular, ensure you have the trademark. There was a salon in Lagos that had been there for years and was well known in that part of Lagos for its strategic location. It was a known landmark for giving people directions (before Google maps became a thing). Another salon with the exact name was opened by someone else and the original owners asked them to take it down but they had apparently gone to trademark the 'stolen' name. They ended up in court and the person that 'stole' the name won. The first salon had to change their name. It seems the whole experience affected the first salon owner because she started neglecting the salon and went into making clothes.
      Given that Ann is an actress, I doubt if producers will feel comfortable giving her roles, especially if they consider "trademarking" a movie they are unsure will do well unnecessary. However it should be part of their budgeted expenses for every movie. A movie might become a hit years after. Many people watched contagion because of COVID.
      It's even possible that someone has trademarked some of these popular blogs, social media account names, phrases etc., if the creators haven't done so but no one would know until the day they decide to cash in.

      Delete
    5. Me, I've trademarked ™️ my blog ID. No time for long story

      In the next 5 years, Stella take note, I will be back to collect my royalties from here. 😂

      Poor Zeb, Ann is winning this case.
      Legally though.

      Delete
    6. The laws are changing. In some jurisdiction, squatters are no longer allowed. The approving authority has power to reject apparent squatting applicants and to cancel any approval given on them.

      Even in Nigeria, the trademark Registrar has statutory power to reject an unopposed application or review any steps taken towards approval. For example, can I trademark INEC or Super Eagles? Which Registrar in Nigeria will approve such application

      Again, the trademark register can be amended in Nigeria on proper procedure.

      All countries do not have the same Trademark Laws

      Delete
    7. If the agency performs their search and then registers the name, it is legally yours. Until that law changes, the court will award judgement to the legal owner of that name/phrase in question.

      Delete
  3. Wait fess... Let me ask my daughter to break it down for me before I can say anything.
    But Detective T. Sanky, why naaaa?

    ReplyDelete
    Replies
    1. Abi o, these lawyer English is making me feel I am reading doctors note.

      Delete
  4. Let's see how this plays out

    ReplyDelete
  5. Ann is cunny. She went and trademarked the name in 2020 when she saw how the classics reproduced that time gathered money

    ReplyDelete
    Replies
    1. She is smart not cunny.
      Know the difference.

      KING XOXO MYSTERY

      Delete
    2. She's canny. The story doesn't belong to her. It belongs to the producers. But alas, because of thr legality of trademarks, the real owner may lose

      Delete
    3. She's canny. The story doesn't belong to her. It belongs to the producers. But alas, because of thr legality of trademarks, the real owner may lose

      Delete
    4. They are battling trademark and copyright. Ejiro has copyright. Njemanze has Domitilla & Device as a business name or trademark. This means she has rights if Ejiro files to trademark, which is for a business or product. Ejiro is making a movie, an artistic, copyrighted thing. They are not the same. She can't win for half of it unless she trademarked Domitilla alone. If so, anyone who uses Device in their business name must pay her too. She trademarked Domitilla and Device. They are fighting apples and onions.

      Delete
  6. I am not in the right place to point out who the real owner if the film is. Only Ejiro and Njemanze knows the true story.

    ReplyDelete
  7. Smart move, a lesson to all film makers and product makers. Trademark immediately a movie is produced before someone else trademarks and the rest is history.

    ReplyDelete
  8. Why didn't Zeb Ejiro trademark it?
    Do you see the importance of trademarking names?

    Run her her money. She trademarked it. It is hers. If you want to use it, pay her.

    KING XOXO MYSTERY

    ReplyDelete
    Replies
    1. You can’t trademark a name someone else created

      Delete
    2. 12:28
      Simple thinking or what the law says?

      Even on this blog, if another person starts ending his/her comments with King XOXO Mystery, we wonder what you and other Bvs will say. Abi you copy am from somewhere? And if you copied it, has the copyright fee been paid to the copyright owner?

      Delete
    3. You can 100% trademark a name some created. I've typed an epistle of examples above. Zeb should save the legal fees and either pay her or change the name.

      Delete
    4. Nah, Zeb just needs a very good lawyer who can properly defend him under the copyright law and claim the name as intellectual property.

      Delete
  9. are they dragging who the owner of the film is, it is the name they re dragging, the lady is clearly a gold digger

    ReplyDelete
  10. The lesson here is to trademark that your brand you value to avoid encroachment!

    ReplyDelete
  11. This movie seems to be Zeb Ejiro's. I don't believe Ann on this one. Let the court sort this out.

    ReplyDelete
  12. In the court of law evidences backed by facts and not sentiments are admissible.

    Yeah, it’s obvious what a slimy, shamelessly funny being Annie is. But fact remains, was Ejiro smart enough to trademark the name? Or he was too dumb to assume that because the materials are assessable to the public, the name is his?

    Recall what happened to that other popular blogger a few years ago when other people trademarked her own name?

    ReplyDelete
    Replies
    1. Facts of each case differs.

      Delete
  13. Hope all producers learn and trademark all their movies

    ReplyDelete
  14. It's like sending your brother money to help you build a house in Nigeria, only to find out he built a house but put his name on the documents. This is wickedness on her part

    ReplyDelete
    Replies
    1. It's not like what you wrote
      up👆 there bro/sis because, that name is what we know Ann njemanze for and she trademark it.

      Delete
    2. @ Ebeano... Oh I get it now 🤔
      Just like Mama G (patience Ozokwor) trademarking the name.

      Delete
    3. There's something called intellectual theft -
      Plagiarism
      Breach of confidence (because not all IP can be registered)
      Infringement of copyright
      Disclosure of trade secret for gain
      Copying of designs
      Passing off
      Etc.

      Questions:
      Who wrote the movie
      Who titled it
      Who has been using the word/name for a product since 1996

      Sometimes, law and morality are two separate circles. Sometimes, the circles intersect. Sometimes the circles stand one on top of the other leaving no hue or shadow.

      Even before God laid the ten commandments (laws), with one against adultery, Joseph knew it was wrong to sleep with his master' and benefactor's wife.

      A well trained conscience knows that all matters are not about law and smartness.

      Delete
  15. This is greed and total wickedness if what he stated is true

    ReplyDelete
    Replies
    1. It is true.

      Anne Chioma Njamanze cannot deny or challenge one word of all he said.

      There are living witnesses.

      Delete
  16. If true Ann is wrong from my moral side

    ReplyDelete
  17. Kate Henshaw should help by telling us who named the film "Domitila"? Who wrote the script?

    ReplyDelete
  18. Ejiro named the film Domitilla after his secretary. I knew this when the sordid affair both were having became a public affair. It was all over soft sell newspapers and I was a fan then. So Domitilla was a real name of a person. Ann acted the lead and became Domitilla to the public and that was the movie that shot her to the limelight. Maybe she felt so attached to the name but Ejiro acknowledged her contribution by asking her to still participate in the remake. This is a snaky move for Ann.I think Ejiro should just change the name and remake the movie but finding a way to still refer to the old movie without copyright issue. I mean what da fukk, she doesn’t own the movie. Or maybe Ann don’t want another person bearing Domitilla brand to the public or she has intention of restarting her Domitilla brand into series just like Jennifer diaries. It will actually sell, cos a good story writer could weave that story to include her now grown kids, friends, journeys, world of institutions,families, travels, surgeries, deaths, gangs etc.It is unending as a societal ill is unending, maybe she suddenly sees what potential it has and decided she is going to harness it. Let’s see how it plays out, Ann has the name and Ejiro has the already produced works. Looking it now critically. Ann is going to win , the name was her brand and she trademarked it. Sorry Ejiro, find another name to work with and And I would have said trademark the story story to never be linked with any other Domitilla name than the existing movie.but it is everyday story and May not be possible.

    ReplyDelete
  19. THEY SHOULD SETTLE AND CO-SHARE OWNERSHIP. ANN HAS INVESTED A LIFETIME IN THE NAME AND ZEB HIS PROFESSIONALISM. LET THEM THINK WIN WIN. I AM A LAWYER AND THIS IS HOW IT WORKS IN HOLLYWOOD. COMPROMISE IS BETTER THAN SACRIFICE!

    ReplyDelete

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