The Federal Trademark Registry has scheduled May 4 as the deadline for the resolution of a dispute between Zeb Ejiro, a veteran filmmaker, and Anne Njemanze, an actress, over the ownership of the trademark “Domitilla.” If the two parties cannot reach an agreement, the Registry has said that it will adjourn for a ruling.
Mr. Shefiu Adamu, the Registrar of the department, made the announcement during the resumed hearing of a petition filed by Ejiro to revoke a purported registration of “Domitilla and Device” by Njemanze. Ejiro is also seeking to have the “Domitilla and Device” entry removed from the Register of Trade Marks.
In 1996, Ejiro produced the movie “Domitilla,” which starred Njemanze in the lead role, as well as veteran actresses Sandra Achums, the late Ada Ameh, and Kate Henshaw. The film depicts the struggles of a young woman trying to make a living as a prostitute in Lagos. Ejiro also produced a sequel, “Domitilla 2,” in 1999, and a remake is set for release in 2023.
According to reports, Njemanze trademarked the name “Domitilla and Device” on September 16, 2020, years after the release of the first two films. Ejiro’s legal team, led by Mr. Rockson Igelige, challenged the registration at the Registry, arguing that Ejiro had been using the trademark in connection with his films and other activities falling under class 41 of the Register of Trademarks in Nigeria since 1996. Igelige claimed that Njemanze was aware of Ejiro’s prior and continuous use of the name since 1996, as she had acted in both “Domitilla” and “Domitilla 2,” for which Ejiro paid her.
Igelige argued that Ejiro owns the copyright to the film scripts of “Domitilla” and “Domitilla 2,” which he handed to Njemanze during her employment as an actress in 1996 and 1999, respectively. Since their release, the films have been continuously available in various formats, including video cassettes, compact discs, and internet downloads, all under the proprietary name of Ejiro. Igelige claimed that Njemanze has no goodwill or reputation in the word “Domitilla” separate from her role in Ejiro’s films, which are his intellectual property.
Furthermore, Igelige claimed that Njemanze’s use of the trademark was likely to cause confusion and might bring serious challenges to Ejiro in court. He urged the Registry to cancel, revoke, and expunge the purported registration of “Domitilla and Device” from the Register of Trade Marks. Marvin Ibem, Njemanze’s lawyer, argued that the petition lacked merit and urged the Registry to dismiss it entirely, stating that Njemanze had satisfied all requirements of the law to acquire the trademark.
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