Copyright Infringement Petition #1: Against Mr. Yinka Ayefele and FRESH 105.9 FM Ibadan

Fresh FM

October 29, 2016 — Zattu Company, a brand identity development and advertising company based in Lagos has filed a petition with the Nigerian Copyright Commission against one Mr. Yinka Ayefele and FRESH 105.9 FM for alleged copyright infringement.

An excerpt of the petition is below:

“Sometime in July 2015, we were contacted by Fresh FM 105.9 Ibadan through its General Manager, Pekun Oloyede to design and develop the new radio station’s brand system which involves logo and motto conceptualization, logo design and creation, advert and communications design materials, complimentary card design, identity card design, letterhead paper designs etc.

Upon being approached by the radio station’s general manager, we informed him that we will like to receive a payment deposit before we embark on the assignment however he told us that we need not fear anything as the owner of the radio station is a trustworthy man who will not beguile us.

As soon as we were done with the assignment given to us, we informed the General Manager who then arranged a meeting between us and the owner of Fresh FM, Mr. Yinka Ayefele.

At the meeting, we submitted our designs, logos and other creative works of art done for Fresh FM to Mr. Yinka Ayefele who commended the job and asked that some minor corrections be made and sent to him.

We immediately effected the desired slight modifications requested by Mr. Yinka Ayefele and in addition sent him our charges for the work done.

We received a reply from him through his manager that our charges are exorbitant and that he would rather pay the rejection fee.

While still waiting for him to pay the rejection fee which he and the radio station has not done till this moment, we discovered that Yinka Ayefele through his radio station started using a slightly modified version of the designs and logos we created for him. We discovered further that the designs were used on all his advert materials ranging from logos on his letter-headed papers, advert designs on Fresh FM Website, facebook page, twitter etc. We immediately contacted his General Manager and informed him of our discovery and warned him of the dire consequences of doing so. In reply, he told us that he has cautioned Mr. Yinka Ayefele of the danger of using those creative works as it is against copyright laws and even the law of contract. He maintained that Mr. Yinka Ayefele told him that we should do our worst.

Till this moment, the brazen infringement of our copyrights in those creative works of ours has continued unabated.

We urge you to use your good office to investigate this matter and bring Fresh FM and its owner, Mr. Yinka Ayefele to book.

At the time of this publication, the Copyright Commission had invited Fresh FM and the above officials to its offices for questions relating to the Petition.  The General Manager of Fresh FM and Yinka Ayefele’s lawyer responded to the request. The Copyright Commission has now requested that Mr. Yinka Ayefele report to the Commission for questioning. The outcome of the investigation is pending.

If you suspect that your copyright or trademark has been infringed, please do not hesitate to contact us at editorial@nlipw.com

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