MTN Loses Legal Battle Over “WEBPLUS” Trademark, Fined ₦840m

Date:

A Federal High Court in Lagos has ordered MTN Nigeria Communications Limited to pay ₦840 million in damages for infringing on the registered trademark “WEBPLUS” owned by Citilink Accesscorp Limited.

Justice Akintayo Aluko, delivering judgment in suit HC/L/CS/1124/2014 filed by Citilink, ruled that MTN unlawfully mimicked the plaintiff’s trademark by using “MTN WEBPLUS” and “MTN WEB+” for its services.

The court awarded ₦70 million in yearly damages covering Citilink’s loss of business and brand dilution from 2014 to 2025. MTN was also ordered to pay 15% interest per annum on the judgment sum until it is fully settled.

Citilink Accesscorp Limited filed the lawsuit on July 17, 2024, accusing MTN of trademark infringement. The company claimed that it legally registered “WEBPLUS” in 2001 under Class 9 and renewed the registration in 2014.

Citilink argued that MTN’s unauthorized use of “WEBPLUS” misled the public and harmed its brand reputation. The plaintiff sought a declaration of sole ownership over the trademark and requested a perpetual injunction restraining MTN from further use of “WEBPLUS” in any form.

Additionally, Citilink demanded:

  • ₦1.5 billion in general damages for infringement

  • Compensation for legal fees and expenses

  • An order for the seizure and destruction of MTN’s servers hosting the infringing service

MTN Nigeria challenged the court’s jurisdiction, arguing that a pending case at the Trademark Tribunal made the lawsuit invalid. The telecom giant also claimed that its application for “MTN WEBPLUS” in 2012 was made when Citilink’s registration had lapsed (2008–2014).

The company further insisted that its use of “WEBPLUS” was honest concurrent use, meaning it had no intent to deceive the public. It also argued that Citilink failed to justify its financial claims.

Justice Aluko rejected MTN’s defense, upholding Citilink’s trademark infringement claims. The court, however, denied some of the plaintiff’s demands, including:

  • The seizure and destruction of MTN’s servers

  • ₦10 million in special damages due to lack of sufficient proof

Furthermore, the judge granted a perpetual injunction barring MTN from using “WEBPLUS” or any variation of it in the future.

This ruling marks a significant victory for Citilink Accesscorp Limited and reinforces the importance of trademark protection in Nigeria. Legal experts believe the judgment could set a precedent for future intellectual property disputes in the telecom sector.

MTN Nigeria is yet to announce whether it will appeal the ruling.

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