IP ABC (Week 31)—Can we sue MultiEnergy for passing off?

IP ABC™ (Week 31)—Can we sue MultiEnergy for passing off? Infusion Lawyers, Intellectual Property and Information Technology Law Firm

Question of the Week (31) 

I am the manager of one of the most successful athletes in Africa. Please call me TJ. My client is popularly known as Ben Breeze by fans locally and internationally. This nickname has practically become a brand synonymous with speed, power, and confidence. Last week, we stumbled upon a new energy drink in Lagos called Ben Breeze. Within weeks of being launched in the Nigerian market, the energy drink has being enjoying reception, especially amongst sportsmen and sportswomen. Ben Breeze is a product of MultiEnergy Limited, a Nigerian company. We consider MultiEnergy’s act an unlawful act of passing off. I believe MultiEnergy is unduly exploiting my client’s name and popularity to sell its identically named, energy drink, Ben Breeze. My client has not trademarked the nickname. Do we have a case in passing off?



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