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Wednesday, 18 March 2015

Daily Times threatens to sue Premium Times over use of 'Times' in its brand name

The management of Folio Communications Limited, owners of Daily Times of Nigeria Plc, have threatened to drag online news portal, Premium Times to court over the use of the word 'Times' in its brand name. According to a letter sent to Premium Times management, the solicitors to Folio Communications Limited, Elias Mordi & Co, cautioned Premium Times to desist from using the word 'Times', adding that Daily Times has since inception enjoyed goodwill from people who have come to know it with the word 'Times.

The lawyers said the continued use of the word by Premium Times would amount to them enjoying their clients goodwill which they took years to build...


The letter in part reads
"Our client is the publisher of the Daily Times, Weekend Times, Sunday Times and Business Times amongst other newspapers and special publication. 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. 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.”.
The letter stated that failure to adhere to this directive would make Fodio communications institute legal process to sue Premium Times.

The Managing Editor of Premium Times, Mojid Musiliku however says they are seeking the legal advice of their team in order to know the next line of action.

53 comments:

  1. Replies
    1. Okay, Suing time(s)

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    2. Hian! Everyone is now going to court.

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    3. For the election to be over..

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  2. Let the legal wahala begin...

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  3. AND D TWO ARE FIGTHIN FOR TYMS TYM...OKAY...TOMJERRYSWIT

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  4. They are high, do they own the word ‘times’

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    Replies
    1. Are this dumb? Why didn't you ask MTN if they own those alphabets

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  5. Jobless people! Instead of them trying to build and strengthen their irrespective brand, they're busy sueing each other ass...

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  6. Senseless issue not my problem.

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  7. Join me in thanking God. He just showed His mighty hand in the life of my son. I can't stop praising His name.

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  8. Good! Good!! Good!!! Enjoying goodwill indeed. Let them battle each other@court. Surviver of d fitest shall surface by d end of d day.

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  9. Replies
    1. You can't nau..
      Under the law of Intellectual property, the use of a name is permitted to be copied by anyone. It is only when that name has gotten established recognition. Like a popular newspaper column say aunty Caro. Ehen, you can sue. But you can't sue for use of a single word o. See the case of EXTON Mobil v. EXXON Insurance.
      I am a final year Law student and we treated this issue in class last semester.

      *ThrowsMicAndWalksAway*


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      www.iblogwithgrace.blogspot.com

      Delete
    2. Lol..U feel smart now don't ya. I could "shmell" the whole "I am a potential lawyer" air in your comment. You made a good argument tho. Good point. But lemme not fault your argument. Check your Laws and arguments again.

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    3. Just as I have aired mine, you are entitled to your own opinion. My argument is in line with my lecture guide/note. Thank you for your own kind opinion Sir. Now, have a seat.

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  10. Na today them dey realize am, mcheeeeeeeeew. Linda take note!

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  11. I find this funny tho. Did they buy the "times"


    OKORO UPGRADED**

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  12. Na today them dey realize am, mcheeeeeeeeew. Linda take note!

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  13. As dem no get Work Zi now!!....

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  14. just like saying "laura ikeji's blog" Linda will unleash her lawyers.
    Daily times have come along way before premium times. Daily times mgt should step up in order to secure their brand name. Afterall its not how far but how well.

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  15. Lol can you imagine.
    I guess the Queen of England should sue them both for using an English word.

    ~BONARIO~says so via NOKIA LUMIA

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    Replies
    1. Your comments are full of insight!

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  16. Lol. Quite funny but they have a point tho. #onelovefromsnow#

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  17. Dem franchise d word times? Mtcheeew dem neva ready

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  18. VeRULE Says-headlines

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  19. Joblessness overload

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  20. When New york Times has not Sued Daily times for using" Times " .

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  21. This is very silly, very very silly. New York Times have been in existence long before Daily Times was established, so why is Daily Times crying about the name Premium Times. The name 'Times' is not exclusive to them.

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  22. They can only threaten, nothing will happen. this kind of action in law is called "Passing Off". it is made when use you another person's brand name which is so closely similar and also calculated to mislead the public. e.g "Nigeria Chemist" and "Niger chemist"... but "Daily Times" and "premium Times"? A reasonable Man would not be misled. Plus "Times" seems to used by many Newspapers.

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  23. LMAO at Daily Times talking about 'goodwill'. Is it goodwill that protects a brand name or by its registration? If by now, Daily Times hasn't registered their brand name, they really goofed big time!

    You don't use goodwill to register a brand other than registering it as your intellectual property! Abeg, Daily Times don enter one chance jooooor!

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    Replies
    1. No dummy.In Nigeria you are not required to register a name to be entitled to copyright protection.You may do a notification with NCC if you are minded to but it is not compulsory. Having said that there is no iota of similarity between the names and the word ' Times ' in this instance by its nature, design and mark was not infringed upon by Premium Times. Pls keep your comments to the sleazier stuff 😐

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  24. I dey laugh (in Obj's voice).

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  25. That's their f**k**g bizness

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  26. Click n start earning for real. http://www.sfi4.com/15683466/FREE

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  27. I guess The Times Magazine should sue all new agencies that have 'times' in their names.

    This I plain ludicrous.

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  28. So Financial Times too can go about suing everyone. It's seeking attention to make the paper with an ugly mast head. They want a piece of election jamboree

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  29. After they sue premium times, they should be on the lookout for NEWYORK TIMES.

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  30. lol............dailytime should go and rest work hard on their advert -Pst.chekekeleke

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  31. lmao, they don't own the word naw. Mbok!

    www.udokajane.blogspot.com

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  32. This case just somehow reminds me of Cynthia Morgan and is it Kween's bruhaha! You can lay claim to something you didn't create! It cazint happen!!!

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  33. Is Daily Times still existing? ....................Funny Times

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  34. Buahahaha!!! Broke mofos! Didn't even know Daily Times still exists. Now that Premium Times is becoming popular you want to quash their success. I guess your asses need to be sued by the papers like The Times (UK) that has been around since the 1700s or New York Times since 1800s. GTFOH! Premium Times let them sue and waste whatever is left of their dignity.

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  35. The original international one: Times magazine should sue both of them for using their goodwill. Mscheew.

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Disclaimer: Opinions expressed in comments are those of the comment writers alone and does not reflect or represent the views of Linda Ikeji.

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