August 1, 2016 — According to new reports, Ecobank Nigeria Limited (the Defendant) has been sued by Rolling Innovations and Investment Limited and its Managing Director Anthony Osamudiamen (the Plaintiffs). In Suit No. FHC/L/CS/452/2016, the company filed an N8bn copyright infringement suit against Ecobank at the Federal High Court sitting in Lagos.
The Plaintiffs allege that between June 2008 and 2010, during negotiations for a partnership agreement regarding development and implementation of a scheme, they communicated confidential information to the Defendant. The information according to the Plaintiffs was communicated to the Defendants solely for the purpose of negotiation and entering into an agreement with them for collaboration leading to the use of the bank as one of the implementation platforms. According to the Plaintiffs, their intellectual property, titled “Patent Specification for Innovation Spend and Save Concept,” consists of seven programmes, with each suite housing a literary work for which copyright subsists. They allege that their copyright to the suite of computer programmes was breached by the Defendant.
They further claimed that on January 1, 2012, negotiations between them and the bank towards an agreement on technology and marketing collaboration were brought to an abrupt end, with no agreement reached. Notwithstanding this development, the Plaintiffs allege that the Defendant has since February 2012 continued to use the confidential information for purposes other than which it was provided, and has illegally been earning profit via making or authorizing the making of a similar package with the name, “Save As You Spend (SAYS) Scheme.” The Defendant has also been marketing such as its own version of its “Spend and Save (S&S) Scheme” for which it obtained information related to its workings and operations. .
The Plaintiffs are seeking N8.044 billion as compensation, and are also asking the court for an injunction restraining the Defendants or its agents from using the information or any part of it and from operating or marketing “Save As You Spend Scheme.” The Plaintiffs are also seeking a court injunction restraining the Defendant, its directors, officers, or agents from further infringing their copyright.
The case is adjourned to September 21.
Source: Sahara Reporters