‘It’s my trademark’ — ‘ELUU P’ originator warns against use of slang
Stephen Muoka, the originator of “Eluu P”, a term that went viral after the February presidential election, has warned against unauthorised use of the ‘trademark’.
Mouka, a supporter of Peter Obi, presidential candidate of the Labour Party (LP), was captured in a video chanting ‘Eluu P’ while other supporters of the party counted the votes.
In a “cease-and-desist” notice issued through his solicitors, Mouka claimed he has “started taking steps to establish a marketing & media business for the purpose of offering marketing, branding, and related services to the members of the public under the ‘ELUU P’ brand”.
“To achieve this, our client has expended resources—and continues to expend resources—on developing and promoting the ‘ELUU P’ brand as his trademark,” the notice reads.
“Our client has in fact started using the ‘ELUU P’ trademark in connection with his services, including brand influencing, content creation, and entertainment.
“Other areas of business interest include food & drinks and fashion. Some of our client’s promotional content are published on our client’s Facebook page and Instagram handle eluupofficial, with over 222,000 followers and over 1 million reach respectively.
“Our client has applied to the trademark, patent and design registry for the registration of “ELUU P” as a trademark. Also, apart from being emotionally invested in the “ELUU P” brand, our client genuinely—and more than ever before—believes in the vision to transform Nigeria from consumption to production. Therefore, the “ELUU P” brand represents, to him, what is possible in Nigeria when we put our creativity and energy to work.
“Our client is entitled to institute an action against any person who passes off the “ELUU P” brand. Under section 3 of the Trade Marks Act, the law that governs trademarks in Nigeria, a proprietor of an unregistered trademark is entitled to a right of action and remedies in respect of the unauthorized use of his or her unregistered trademark.”
The solicitors said while Mouka is open to collaboration on the use of the ‘trademark’, any unauthorised use, whether for commercial purposes or in any other manner, amounts to a “gross violation of its client’s right” with a risk of legal action.
