Owner of “ELUU P” Trademark Issues Cease and Desist Notice over Unauthorized Use

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Stephen N. Muoka, the now popular originator and owner of the “ELUU P” brand which went viral since the Presidential and National Assembly Elections on 25 February, has issued a cease-and-desist public notice through his lawyers. Dated 6th of April 2023, the notice is titled “ELUU P” TRADEMARK: CEASE AND DESIST NOTICE and addressed to “whom it may concern” and the “general public”.

We reproduce the content of the 2-page cease-and-desist notice below:

TO WHOM IT MAY CONCERN AND THE GENERAL PUBLIC

Dear Sir or Madam

“ELUU P” TRADEMARK: CEASE AND DESIST NOTICE

1. We are Solicitors to Stephen N. Muoka (our “Client”), the proprietor of the trademark “ELUU P” and on whose behalf we issue this public notice.

2. It has come to our Client’s attention that some members of the public are unduly using the trademark “ELUU P” (a derivative of “LP”) in connection with their goods and services without our Client’s authorization as the proprietor of the trademark.

3. We wish to state unequivocally that our Client is the proprietor of the unregistered trademark “ELUU P”. Since Saturday 25 February 2023, the day the Presidential and General Elections took place in Nigeria, “ELUU P” has fast become distinctively associated with our Client. This was after it went viral on social media and outside the Internet following its use and circulation by many.

4. Having been greatly inspired by the “Obidients” movement as well as their support, our Client started taking steps to establish a marketing & media business for the purpose of offering marketing, branding, and related services to the members of the public under the “ELUU P” brand. To achieve this, our Client has expended resources—and continues to expend resources—on developing and promoting the “ELUU P” brand as his trademark. Our Client has in fact started using the “ELUU P” trademark in connection with his services, including brand influencing, content creation, and entertainment. Other areas of business interest include food & drinks and fashion. Some of our Client’s promotional contents are published on our Client’s Facebook page and Instagram handle eluupofficial, with over 222,000 followers and over 1 million reach respectively.

5. As the proprietor, our Client is currently taking steps to register “ELUU P” as a trademark. Our Client has applied to the Trademark, Patent and Design Registry for the registration of “ELUU P” as a trademark. Also, apart from being emotionally invested in the “ELUU P” brand, our Client genuinely—and more than ever before—believes in the vision to transform Nigeria from consumption to production. Therefore, the “ELUU P” brand represents, to him, what is possible in Nigeria when we put our creativity and energy to work.

6. Our Client is entitled to institute an action against any person who passes off the “ELUU P” brand. Under section 3 of the Trade Marks Act, the law that governs trademarks in Nigeria, a proprietor of an unregistered trademark is entitled to a right of action and remedies in respect of the unauthorized use of his or her unregistered trademark.

7. As a result of the foregoing, any unauthorized use of the “ELUU P” trademark, whether for commercial purposes or in any other manner that conflicts with our Client’s interest without the due authorization of our Client, amounts to a gross violation of our Client’s right. Our Client is however open to collaborations and partnerships, particularly considering that the “ELUU P” brand could not have been possible without the “Obidient” community which our Client feels privileged and immensely grateful to be a part of.

8. We hereby notify the general public—particularly persons whom it may concern—to cease and desist from any unauthorized use of our Client’s “ELUU P” trademark. We have the instruction of our Client to take appropriate legal action against any person who uses the trademark without due authorization and seek all available remedies.

9. We count on your understanding and cooperation.

10. The Trademark, Patent and Design Registry, Abuja FCT, are also notified.

The letter is signed by Victoria I. Ezeigwe Esq., Principal Partner, Notab Solicitors. Dennis O. Osaretin Esq., and Senator Ihenyen Esq., are listed as the IP & Legal Consultants.

 

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