An
Oche, in the suit marked: FHC/ABJ/CS/145/2019, is claiming a sum of N1 billion as aggravated and exemplary damages against the company for unlawfully, capriciously, maliciously and contemptuously infringing on his intellectual literary work, titled: 'The Amstel Factor, An Amstel Malta Guide on how to be The Best You Can Be.'
In the suit instituted through his counsel, Mr Paul Ekweume, the plaintiff is also claiming another sum of N500 as general damages over unlawful use of his copyright.
Apart from monetary demands, the plaintiff sought for an order of perpetual Injunction restraining the defendants, their agents, servants and privies from further infringing by way of unlawful use, adaptation and derivation on his copyright.
Defendants in the suit are;
In his statement of claim, plaintiff averred that he authored the Amstel Factor Book as well as a proposal and power point presentation made to promote the Amstel Malta drink brand.
As part of efforts to promote the Amstel Malta brand in
The plaintiff further claimed that he spent several years engaging in various intensive academic researches and eventually gathered the necessary materials which culminated into his writing a book: The Amstel Factor, An Amstel Malta Guide on How to be the Best You Can Be.
He added that he also prepared a proposal and a power point designed to pictorially and graphically demonstrate his works on the electronic media, television and motion pictures.
He further averred that in 2015, he traveled to the breweries headquarter in
In
He further averred that he informed the said Oloche how he submitted a proposal in 2015 to Amstel Malta Brand Manager but did not receive any response, adding that the 3rd defendant provided him with his email address, where he then forwarded the power point presentation and proposal and that he got a promise that the right person in the breweries will see and evaluate his work.
The plaintiff stated that in 2016, he stumbled upon a new Amstel Malta campaign online tagged: Why Add More. He added that without seeking his permission, the breweries used his literary work in the brand campaign and refused to give credit to his work.
He further claimed that a complaint was lodged with the
However, when the matter came up in counel, counsel to the plaintiff, Ekweume claimed to have filed a motion on notice for an interlocutory injunction restraining the defendants from further use of the plaintiff's copyright in the activities of the giant brewery lined up for the year.
Responding, trial judge, Justice
She subsequently adjourned the matter to
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