Justice Akintayo Aluko of the Federal High Court in Lagos has imposed an N840 million fine on MTN Nigeria Communications Limited for infringing on the registered trademark “WEBPLUS”, owned by Citilink Accesscorp Limited.
Delivering judgment on a suit marked HC/L/CS/1124/2014, filed by Citilink, Justice Aluko ruled that MTN’s use of “MTN WEBPLUS” or “MTN WEB+” unlawfully imitated the plaintiff’s trademark.
The judge awarded N70 million in yearly damages, covering Citilink’s loss of business and brand dilution from 2014 to 2025. MTN was also ordered to pay 15 per cent interest per annum on the judgment sum until fully settled.
In the suit filed on July 17, 2024, Citilink accused MTN of unlawfully using its “WEBPLUS” trademark, which was registered in 2001 under Class 9 and renewed in 2014. The company argued that MTN’s actions misled the public and harmed its brand.
The Registrar of Trademarks, Patent Designs was joined as a defendant, representing entities involved in the production, marketing, and sale of the infringing services. Citilink urged the court to declare it the sole legal owner of the “WEBPLUS” trademark.
It also sought a perpetual injunction preventing MTN from using “WEBPLUS” in any form and an order blocking the Registrar of Trademarks from granting MTN any rights to the name.
**“An order for seizure by the Bailiff of this Court for the destruction of all the servers of the first defendant which hosted, still hosts, used and still being used for transmitting information, messages, advertisement, marketing details of the first defendant’s MTN WEBPLUS to the general public.
“A demand for N1.5 billion in general damages for infringement and compensation for legal fees and expenses incurred.”**
MTN contested the case, arguing that a pending matter at the Trademark Tribunal made the lawsuit invalid. It also claimed that its 2012 application for “MTN WEBPLUS” occurred when Citilink’s trademark had lapsed (2008–2014).
MTN denied any trademark infringement, asserting that its use of “WEBPLUS” was an honest concurrent use, meaning it had no deceptive intent. It also argued that Citilink failed to justify its financial claims.
Justice Aluko dismissed MTN’s defence and upheld Citilink’s infringement claims. However, the court rejected some requests, including the seizure and destruction of MTN’s servers and N10 million in special damages due to lack of proof.
The court also issued a perpetual injunction barring MTN from using the disputed trademark.
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