Wednesday, 18 March 2015

Daily Times threatens to sue Premium Times over use of 'Times' in its brand name

The management of Folio Communications Limited, owners of Daily Times of Nigeria Plc, have threatened to drag online news portal, Premium Times to court over the use of the word 'Times' in its brand name. According to a letter sent to Premium Times management, the solicitors to Folio Communications Limited, Elias Mordi & Co, cautioned Premium Times to desist from using the word 'Times', adding that Daily Times has since inception enjoyed goodwill from people who have come to know it with the word 'Times.

The lawyers said the continued use of the word by Premium Times would amount to them enjoying their clients goodwill which they took years to build...

The letter in part reads
"Our client is the publisher of the Daily Times, Weekend Times, Sunday Times and Business Times amongst other newspapers and special publication. In Nigeria, the word ‘Times’ when associated with any newspaper publication has come to have a secondary meaning as denoting our client’s publication by the reading public, and that is the extent of the goodwill our client enjoys in the word ‘Times’ as a matter of trade name. Your publication, ‘PREMIUM TIMES’ has a tendency of appropriating our client’s extant goodwill as already explained above and constitute actionable passing off. We, therefore, demand that you forthwith cease and desist from using the ‘TIMES’ in your future publications.”.
The letter stated that failure to adhere to this directive would make Fodio communications institute legal process to sue Premium Times.

The Managing Editor of Premium Times, Mojid Musiliku however says they are seeking the legal advice of their team in order to know the next line of action.

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