‘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.