Get Guardian on GoogleJustice Ayokunle Faji of the Federal High Court, Lagos has adjourned hearing of pending applications in a N2 billion suit filed by a media company, Bright Light Media Ltd., against Lotus bank to February 9, 2027.
The claimant had dragged the bank before seeking injunctive reliefs over alleged infringement and passing off on its ‘EID SOUQ’ brand.
The company is demanding the sum of N2 billion in damages against the bank for allegedly adopting and using its distinctive ‘EID SOUQ’ mark in promoting its 2026 Eid celebration without its authorisation.
The claimant is also seeking a perpetual injunction, restraining the bank, its agents, privies, assigns and anyone acting through it, from further using the disputed mark.
When the case was called on Wednesday, Mr Emmanuel Ochai appeared for the claimant, while Mr Folabi Kuti (SAN) appeared for the defendant.
Defence counsel then informed the court of a preliminary objection filed opposing the suit.
Counsel then made reference to an earlier case on the subject before the state high court, adding that the same case was heard in 2024.
But the claimant’s counsel objected and informed the court that the case before the state high court in 2024, is different from what is currently before the Federal High court.
After several arguments and counter arguments, Justice Faji urged counsel to produce the agreement between parties on the subject on the next adjourned date.
The court also urged the defence to make its objection comprehensive enough to enable the court to look at the entirety of the matter and reach a decision.
The court subsequently adjourned the case to February 9, 2027, for hearing.
In its statement of claim, the claimant through its Managing Director, Mr Hakeem Olatunji, traced the origin of the dispute to May 3, 2024, when it allegedly introduced the ‘EID SOUQ’ concept to the Executive Chairman of Lotus Bank, Mrs Hajara Adeola.
He stated that the proposal followed a successful hosting of a Ramadan festival by the media company, and following discussions with the defendant, it was requested to incorporate the bank’s name into the concept,
He said that this led to the rebranding of the event as ‘LOTUS EID SOUQ FEST’.
The claimant further claimed that an agreement dated May 28, 2024, subsequently engaged the company to organise the LOTUS EID SOUQ FEST 2024 in Victoria island Lagos.
According to him, the event, which was held on June 8 and 9, 2024 generated increased customer engagement and goodwill for the bank, adding however, that the agreement acknowledged its ownership of the ‘EID SOUQ’ trade mark.
The claimants in its affidavit averred that the dispute started in 2026, when the defendant began preparations for its Eid celebration using the ‘EID SOUQ’ brand and secured partnerships with other reputable organisations.
The claimant averred further that it advertised its event, scheduled for May 23 and 24, but was surprised to receive calls and messages from members of the public seeking to know if it was also organising the ‘LOTUS EID SOUQ 2026’.
He said it was at that point it discovered that the defendant was also promoting an event bearing the disputed name for the same dates.
The claimant consequently, declared that the bank’s use of the mark and other identifying features, amounted to passing off, as it created confusion among the public, and led people to believe that its event was organised by the claimant.
It argued that such unlawful misrepresentation was calculated to exploit the goodwill it had built around the ‘EID SOUQ’ brand and consequently resulted in loss of business patronage.
It is therefore, asking the court to award the sum of N2billion as special damages against the bank, for pecuniary losses and infringement on its intellectual property.
In addition, the claimant is also asking the court to award an additional N5 million to it as the cost of filing the court action.
