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IP ABC™ (Week 31)—Can we sue MultiEnergy for passing off? Infusion Lawyers, Intellectual Property and Information Technology Law FirmIP ABC™ (Week 31)—Can we sue MultiEnergy for passing off? Infusion Lawyers, Intellectual Property and Information Technology Law Firm
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IP ABC (Week 31)—Can we sue MultiEnergy for passing off?

Question of the Week (31) 

I am the manager of one of the most successful athletes in Africa. Please call me TJ. My client is popularly known as Ben Breeze by fans locally and internationally. This nickname has practically become a brand synonymous with speed, power, and confidence. Last week, we stumbled upon a new energy drink in Lagos called Ben Breeze. Within weeks of being launched in the Nigerian market, the energy drink has being enjoying reception, especially amongst sportsmen and sportswomen. Ben Breeze is a product of MultiEnergy Limited, a Nigerian company. We consider MultiEnergy’s act an unlawful act of passing off. I believe MultiEnergy is unduly exploiting my client’s name and popularity to sell its identically named, energy drink, Ben Breeze. My client has not trademarked the nickname. Do we have a case in passing off?

 

Answer

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Characters, events, names, or places referred to in IP ABC may be fiction. Such fictional contents are meant to aid comprehension. When real names are used, it is for illustrative purposes only. Facts or stories around these names are fiction. Questions are for educational purposes. Answers provided on IP ABC are prepared by Infusion Lawyers and are for educational purposes only. Answers should not be construed as legal advice or legal opinion under any circumstances. If you have questions or legal problems that you need legal assistance with, please contact your IP lawyer or law firm, or contact  Infusion Lawyers if you have none. And whenever any links shared through IP ABC lead to other sites, neither IP ABC site nor Infusion Lawyers’ website incorporate any materials published in such linked sites. We also do not necessarily approve, endorse, or otherwise sponsor such links. ALL external links may have been used for reference purposes only.

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