Daily Times has threated to sue Premium Times over the use
of its brand name- TIMES. Premium Times
made this known in a new publication published today on its website
where it explained to us how Daily Times started, how it was bought and sold
and ofcourse their take on this. I actually enjoyed reading it, especially the history of Daily Times history. Enjoy too…
Folio Communications Limited, owners of Daily Times of
Nigeria Plc, have threatened legal action against Premium Times over the
newspaper’s use of “TIMES” in its brand.
Nigeria Plc, have threatened legal action against Premium Times over the
newspaper’s use of “TIMES” in its brand.
In a letter to the Managing Director/Editor in-Chief of
Premium Times, Dapo Olorunyomi, the solicitors to Folio Communications Limited,
Elias Mordi & Co, cautioned the newspaper to desist from using the word
“TIMES” in its brand name.
Premium Times, Dapo Olorunyomi, the solicitors to Folio Communications Limited,
Elias Mordi & Co, cautioned the newspaper to desist from using the word
“TIMES” in its brand name.
The threat came days after Nigeria’s Minister of Petroleum
Resources, Deziani Alison-Madueke, obtained a court order restraining Premium Times and 10 other individuals and organisations from reporting on the missing
$20 million oil money.
Resources, Deziani Alison-Madueke, obtained a court order restraining Premium Times and 10 other individuals and organisations from reporting on the missing
$20 million oil money.
Daily Times of Nigeria Plc is one of Nigeria’s oldest
newspapers, incorporated on June 6, 1925 as Nigerian Printing & Publishing
Company Limited.
newspapers, incorporated on June 6, 1925 as Nigerian Printing & Publishing
Company Limited.
The company, however, started publishing in Lagos,
South-West Nigeria on June 1, 1926.
South-West Nigeria on June 1, 1926.
In the early 30s, it became a popular voice of the
nationalist movement and was later bought over by the Daily Mirror Group of
London in 1947.
nationalist movement and was later bought over by the Daily Mirror Group of
London in 1947.
During the 70s and ’80s, the paper became one of the most
successful locally-owned businesses in Africa, but its fortunes started
dwindling after the Nigerian government repurchased the firm in 1975.
successful locally-owned businesses in Africa, but its fortunes started
dwindling after the Nigerian government repurchased the firm in 1975.
The government later sold the company to Folio Communication
Ltd on March 14, 2007, in a controversial process that was challenged in Court
by D.S.V Limited, one of DTN’s shareholders which complained of “gross and illegal
sale of company’s assets”.
Ltd on March 14, 2007, in a controversial process that was challenged in Court
by D.S.V Limited, one of DTN’s shareholders which complained of “gross and illegal
sale of company’s assets”.
However, on January 29, 2010, a Federal High Court in Lagos,
nullified the acquisition of majority shares of DTN by Folio Communications
Limited, and declared the action null, void and of no effect.
nullified the acquisition of majority shares of DTN by Folio Communications
Limited, and declared the action null, void and of no effect.
The trial judge, Okechukwu Okeke, had held that Folio
Communications did not pay for the majority shares of DTN and that it was
unlawful for the company to parade itself as a shareholder of DTN.
Communications did not pay for the majority shares of DTN and that it was
unlawful for the company to parade itself as a shareholder of DTN.
It also faulted the sale by Folio Communications Ltd, the
assets of DTN to settle part of the loan secured Mr. Anosike.
assets of DTN to settle part of the loan secured Mr. Anosike.
One of the prized properties of the government-owned
publishing firm that was sold by Mr. Anosike was a palatial building situated
at Cold Harbour Lane in London, United Kingdom.
publishing firm that was sold by Mr. Anosike was a palatial building situated
at Cold Harbour Lane in London, United Kingdom.
The court noted that it was worrisome that Folio
Communications took a loan to pay for the shares of DTN and held that D.S.V
Limited’s case had merit and therefore, granted the relieves sought.
Communications took a loan to pay for the shares of DTN and held that D.S.V
Limited’s case had merit and therefore, granted the relieves sought.
While the case was being heard, the Lagos State chapter of
the Nigerian Union of Journalists, stormed the premises of the court in
protest, accusing Mr. Anosike of lacking the capacity to run the company, and
being only interested in its assets.
the Nigerian Union of Journalists, stormed the premises of the court in
protest, accusing Mr. Anosike of lacking the capacity to run the company, and
being only interested in its assets.
Folio Communications Limited appealed the judgment and in
March 2013, after which the Court of Appeal ordered the retrial of the case.
March 2013, after which the Court of Appeal ordered the retrial of the case.
Apart from the court action, the Anosike brothers were also
tried by the Nigerian government for illegally selling Daily Times’ asset, and
fraudulently receiving money from government agencies.
tried by the Nigerian government for illegally selling Daily Times’ asset, and
fraudulently receiving money from government agencies.
In its notice to Premium times, Folio Communications Ltd
claimed that it is improper for the newspaper to use the word “TIMES” as a
registered brand.
claimed that it is improper for the newspaper to use the word “TIMES” as a
registered brand.
“Our client is the publisher of the Daily Times, Weekend
Times, Sunday Times and Business Times amongst other newspapers and special
publications,” Uche Amulu, a representative of Elias Mordi & Co wrote.
Times, Sunday Times and Business Times amongst other newspapers and special
publications,” Uche Amulu, a representative of Elias Mordi & Co wrote.
The legal firm said his client’s brand dominated the
newspaper landscape not only in Nigeria but also across West Africa.
newspaper landscape not only in Nigeria but also across West Africa.
“In Nigeria, the word ‘Times’ when associated with any
newspaper publication has come to have a secondary meaning as denoting our
client’s publication by the reading public, and that is the extent of the
goodwill our client enjoys in the word ‘Times’ as a matter of trade name,” a
part of the notice reads.
newspaper publication has come to have a secondary meaning as denoting our
client’s publication by the reading public, and that is the extent of the
goodwill our client enjoys in the word ‘Times’ as a matter of trade name,” a
part of the notice reads.
“Your publication, ‘Premium Times’ has a tendency of
appropriating our client’s extant goodwill as already explained above and
constitute actionable passing off. We, therefore, demand that you forthwith
cease and desist from using the ‘TIMES’ in your future publications.”
appropriating our client’s extant goodwill as already explained above and
constitute actionable passing off. We, therefore, demand that you forthwith
cease and desist from using the ‘TIMES’ in your future publications.”
The legal firm threatened that failure to adhere and comply
with the demands of its client may result in a legal action.
with the demands of its client may result in a legal action.
Premium Times newspaper was registered under relevant
Nigerian laws in 2011 by Premium Times Services Limited, with a vision to among
other things, strengthen Nigeria’s democracy, advance the socio-economic
wellbeing and rights of the people, promote and enrich their cultural
practices.
Nigerian laws in 2011 by Premium Times Services Limited, with a vision to among
other things, strengthen Nigeria’s democracy, advance the socio-economic
wellbeing and rights of the people, promote and enrich their cultural
practices.
It also advocates for best practices, good governance,
transparency and human rights, in line with the values expected of a modern
democratic state.
transparency and human rights, in line with the values expected of a modern
democratic state.
Premium Time’ Managing Editor, Musikilu Mojeed, said the
matter has been referred to the company’s legal team.
matter has been referred to the company’s legal team.
Mr. Mojeed declined to make further comments on the issue,
saying he was too busy “to respond to ludicrous claims by a party that might be
fighting a proxy battle”.
saying he was too busy “to respond to ludicrous claims by a party that might be
fighting a proxy battle”.
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