Stella Dimoko Korkus.com: Owner Of “ELUU P” Trademark Issues Cease And Desist Notice Over Unauthorized Use

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Friday, April 07, 2023

Owner Of “ELUU P” Trademark Issues Cease And Desist Notice Over Unauthorized Use

Stephen N. Muoka, the now popular originator and owner of the “ELUU P” brand which went viral since the Presidential and National Assembly Elections on 25 February, has issued a cease-and-desist public notice through his lawyers. Dated 6th of April 2023, the notice is titled “ELUU P” TRADEMARK: CEASE AND DESIST NOTICE and addressed to “whom it may concern” and the “general public”.




TO WHOM IT MAY CONCERN AND THE GENERAL PUBLIC

Dear Sir or Madam

“ELUU P” TRADEMARK: CEASE AND DESIST NOTICE

We are Solicitors to Stephen N. Muoka (our “Client”), the proprietor of the trademark “ELUU P” and on whose behalf we issue this public notice.

It has come to our Client’s attention that some members of the public are unduly using the trademark “ELUU P” (a derivative of “LP”) in connection with their goods and services without our Client’s authorization as the proprietor of the trademark.
We wish to state unequivocally that our Client is the proprietor of the unregistered trademark “ELUU P”. Since Saturday 25 February 2023, the day the Presidential and General Elections took place in Nigeria, “ELUU P” has fast become distinctively associated with our Client. This was after it went viral on social media and outside the Internet following its use and circulation by many.

Having been greatly inspired by the “Obidients” movement as well as their support, our Client started taking steps to establish a marketing & media business for the purpose of offering marketing, branding, and related services to the members of the public under the “ELUU P” brand. To achieve this, our Client has expended resources—and continues to expend resources—on developing and promoting the “ELUU P” brand as his trademark. Our Client has in fact started using the “ELUU P” trademark in connection with his services, including brand influencing, content creation, and entertainment. Other areas of business interest include food & drinks and fashion. Some of our Client’s promotional contents are published on our Client’s Facebook page and Instagram handle eluupofficial, with over 222,000 followers and over 1 million reach respectively.

As the proprietor, our Client is currently taking steps to register “ELUU P” as a trademark. Our Client has applied to the Trademark, Patent and Design Registry for the registration of “ELUU P” as a trademark. Also, apart from being emotionally invested in the “ELUU P” brand, our Client genuinely—and more than ever before—believes in the vision to transform Nigeria from consumption to production. Therefore, the “ELUU P” brand represents, to him, what is possible in Nigeria when we put our creativity and energy to work.

Our Client is entitled to institute an action against any person who passes off the “ELUU P” brand. Under section 3 of the Trade Marks Act, the law that governs trademarks in Nigeria, a proprietor of an unregistered trademark is entitled to a right of action and remedies in respect of the unauthorized use of his or her unregistered trademark.

As a result of the foregoing, any unauthorized use of the “ELUU P” trademark, whether for commercial purposes or in any other manner that conflicts with our Client’s interest without the due authorization of our Client, amounts to a gross violation of our Client’s right. Our Client is however open to collaborations and partnerships, particularly considering that the “ELUU P” brand could not have been possible without the “Obidient” community which our Client feels privileged and immensely grateful to be a part of.

We hereby notify the general public—particularly persons whom it may concern—to cease and desist from any unauthorized use of our Client’s “ELUU P” trademark. We have the instruction of our Client to take appropriate legal action against any person who uses the trademark without due authorization and seek all available remedies.

We count on your understanding and cooperation.
The Trademark, Patent and Design Registry, Abuja FCT, are also notified.

The letter is signed by Victoria I. Ezeigwe Esq., Principal Partner, Notab Solicitors.

 Dennis O. Osaretin Esq., and Senator Ihenyen Esq., are listed as the IP & Legal Consultants.

From TheNigerianLawyer.com






40 comments:

  1. Way to go!, Let him also make money from it

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    Replies
    1. Money must be made

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    2. The Apc agbado was using it foolishly

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    3. What I read up there is that he has applied for trademark. It doesn't say that he has the trademark, unless I missed it. If he doesn't have the trademark yet, how is he sure it will be approved? Why issue a cease and desist?

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  2. Correct! ๐Ÿ˜„๐Ÿ‘

    ReplyDelete
  3. Shuooo! ๐Ÿ˜‚

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  4. Cash out time, I hope this doesn't kill the rhythm.

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  5. Guy man๐Ÿ˜€๐Ÿ˜€๐Ÿ˜€

    I love this.

    My Igbo brothers no dey joke with business and money. I saw a company already made a can fruit drink of it already.

    I was telling someone last week that this guy need to trademark that Ellu P as quick as possible before someone else does before him.

    Today, he has done that and I'm truly happy for him.

    ReplyDelete
    Replies
    1. Liar. You don start with this your usual, I told you, I was telling him, I warned him, I saw it.

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  6. What is the meaning

    ReplyDelete
    Replies
    1. Go.up.and read the story again. If it is celebrity amebo , you will understand ๐Ÿ™„

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    2. ๐Ÿคฃ๐Ÿคฃ๐Ÿคฃ๐Ÿคฃ๐Ÿคฃ ajuju n’ese okwu

      Delete
  7. Nigerians now have sense. Learning too

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  8. Very good. I'm proud of him

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  9. Serious ignorance on display. The democrats are nicknamed “Dems” while Republicans are “GOPs”…. There are certain things you cannot trademark. He has applied, nobody has given him the trademark yet. Read the article

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  10. One lawyer is smiling to the bank now

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  11. Funny. How is it going to be enforced?

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    Replies
    1. Considering the party is LP, it's a joke. Those hailing him for applying for the trademark just don't get it.

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  12. ELUPP..drink don come out..b4 you know it ELUPP hair cream an body lotion go show...meennn d guy get sence๐Ÿ‘

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  13. Teejay, so typical of you! You told someone just last week yen yen yen. Trait of a pathological liar. Mr I know all

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  14. When I saw "unregistered trademark" I said he is not ready. Him and his lawyers are using scare tatctic. He has no locus standing until the trademark is fully registered which it may not even be because any trademark application can be rejected. He cannot sue anybody for now. He does not have a trademark on the name yet.

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    Replies
    1. I thought I must have missed it. Why not focus on getting the trademark before this announcement? An application does not mean it's his until it's approved.

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    2. It's locus standi

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  15. Rubbish. Is it not people who made it popular? Did he know the thing will go viral like this and become a sensation? After all, there were other songs that day but just that his own was catchy. He did it just for fun and vibes at the polling station and someone just recorded it and shared. It went viral and he didn't think about this then. It is not even trending anymore. It is now 'Yes Daddy' that is trending for Obedients so he should go and rest biko. Even the 'ELLU P', he was not the one who coined the word in the sense that it was someone who listened to the song and spelt it like that when writing it out.

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  16. I am laughing in both Greek and Chinese! Seriously? Still applying for trademark and the grammar long like this? Maybe somebody don even already go do am ahead of him sef, he still go meet charge and bail lawyer. Tell am to keep this letter first, when dem give am the trademark make he bring the letter out. Ozuor! Mtcheeeeww

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  17. LOL!!! Soon they will trademark Yes Daddy. He has no legal backing for now. So free for all

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  18. If my memory serves me right, there were other voices who were doing the counting. Those people, which can be any number or anybody as he didn't take census or people present, can also claim the trademark. Not forgetting the person(s) who did the video who can also ask for marketing or publicity fee.

    ReplyDelete

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