By PRINCEWILL EKWUJURU

Two  reports in the Nigeria media  ( not Vanguard included) on MTN Communications 10th anniversary logo created by DDB Lagos is presently causing crisis in the advertising industry and smirks  concern.

The furore is between DDB Lagos,  creators of the MTN logo and Novel  Potta/Y&R, which has also  created  a similar logo for its own 10th year anniversary logo  on one hand.

Trade mark is a device used by firms or other businesses to identify and distinguish their product (s) from that of others. It could be a logo, sign, label pictures, figures, letters or a combination of any of the above.

However, before MTN unveiled its  10th  year anniversary logo, Novel Potta/Y&R had unveiled theirs  via a press conference to commemorate her 10th year anniversary, but what information  still lagging is whether the 2010 FIFA World cup logo used in South Africa 2010 created by DDB’s counterpart in South Africa as claimed, inspired and adapted by DDB Lagos was unveiled before Novel Potta/Y&R  launched theirs?. This is a question to ponder and perhaps should be critically viewed.

Further questions may tend to be asked; when did Novel Potta conceived the idea of their 10th anniversary  logo? and when did FIFA launch theirs.?

If the FIFA logo was unveiled before Novel Potta/Y&R launched theirs, technically Potta copied DDB’s counterpart in South Africa who created the South Africa 2010 FIFA logo, but if Potta created and launched theirs before FIFA, then DDB’s counterpart in South Africa may have copied Novel Potta either by evolution or otherwise.

Yet, one will not forget to input that knowledge is not exclusive to an individual; like minds may think alike sometimes they say.

Further to this, one could tend to ask, whether it’s the same person that created the logo for Potta that did that of MTN?, Or whether MTN poached Novel Potta’s creator.

If eventually MTN poached Potta, the question to ask is, whether the staff in question has a protected right to that logo or whether Potta registered that logo as a trade mark for the anniversary?.

if not, the original owner of the logo has every right to move his creation to any place of his interest. If not, as the staff remains the property of the former (Novel Potta), he has no right to move the creation, unless the employee leaves and  creates a similar logo with distinguishing factor.

Seeing both logos which look identical can easily deceive an uneducated person until a closer look is taken, then, one can notice the distinguishing factors.

What the law says:

According  to Barr. Donald Iyashere, a Legal Services Officer with one of the National dailies, said registered logo (s) is the exclusive ownership of the creator and not transferable, unless in the circumstance the owner decides to create something similar, but with a noticeable distinguishing factor for another company. Could this have happened in the case of Novel Potta and DDB?

Recalling the case of Ajibola &Co .V. Western Textile Mill (1976) 7 SC 97. It was held that it is important to put both designs  side by side to enable the judge (s) know if they are basically the same or fundamentally different.

But in this case both logos or designs are capable of deceiving the public, if not for minor distinguishing factors.

In another case, It was held that apart from putting the two logos side by side, professionals must go further to determine whether or not both designs so closely resemble each other as capable of deceiving an uneducated man or somebody with poor memory, a design is not new merely  because it differs in minor or unessential ways from earlier design.

If going by the above case, the minor distinguishing factors in both logos may not have made any difference.

Distinguishing Factors:

For MTN ,  the swoosh of two celebrating individuals evolved from the zero, with its traditional colour ‘yellow’ evident and the zero not completely circled as a result of the swoosh.

For Novel Potta, the swoosh of celebrating individuals are three with it zero fully circled with a slightly wide spot like a zero in the zero and yet the zero has an appearance like a bulb with its traditional blue colour.