N2bn Passing Off claim against Lotus bank: Court adjourns Feb. 9 for hearing pending application
By Onyewuchi Ojinnaka
A Federal High Court sitting in Ikoyi Lagos on Wednesday adjourned a N2 billion suit filed by Bright Light Media against Lotus Bank to February 9, 2027, for hearing of pending applications
The presiding Judge, Justice Ayokunle Faji adjourned the case after arguement by counsel to parties on the determination of the preliminary objection filed by Lotus Bank.
When the case was called, Mr Emmanuel Ochai announced appearance for the plaintiff while Mr Folade Kuti (SAN) appeared for the defendant.
The defence counsel then informed the court of a preliminary objection filed opposing the suit. He then made reference to an earlier case on the subject before the State High Court, Lagos, adding that the plaintiff had complained about same case which was termed to be a contract and heard in 2024.
He said that midway, the parties had settled out of court, adding that the parties were making headway but surprisingly, a writ was served on them by the plaintiff in which they raised an objection
Responding , plaintiff counsel Emmanuel Ochai objected the submission of the defence counsel and informed the court that the case before the State High Court in 2024, is different from what is currently before the Federal High court.
“The issue before this court is an issue of Passing Off. We executed a contract and were not paid in full.
” We came up with an idea which is ‘EID SOUQ’ and brought in the defendant Lotus Bank to organise an event in 2024″
Ochai told the court that the incident that led to the passing off is that the bank decided to have another event in 2026, contrary to the agreement between the parties.
After several arguments and counter arguments, Justice Faji urged counsel to produce the agreement between parties on the subject matter on the next adjourned date.
“If I am to determine this, I must see everything that is relevant to this case” the Judge said.
“I may determine the case in this Preliminary Objection if you don’t bring the 2024 agreement between the parties ” the court told the defence counsel.
The court also urged the defence to make its objection comprehensive enough to enable the court look at the entirety of the matter and reach a decision.
Consequently, the court adjourned the case until February 9, 2027, for hearing of pending applications.
The plaintiff, Bright Light Media Ltd, had dragged Lotus bank before the court, seeking injuctive reliefs over alleged infringement and passing off on its ‘EID SOUQ’ brand.
The company is demanding the sum of N2 billion in damages against the bank for allegedly adopting and using its distinctive ‘EID SOUQ’ mark in promoting its 2026 Eid celebration without its authorisation.
The plaintiff is also seeking a perpetual injunction, restraining the bank, its agents, privies, assigns and anyone acting through it, from further using the disputed mark.
In its statement of claim, Bright Light Media through its Managing Director, Mr Hakeem Olatunji, traced the origin of the dispute to May 3, 2024, when it allegedly introduced the ‘EID SOUQ’ concept to the Executive Chairman of Lotus Bank, Mrs Hajara Adeola.
He stated that the proposal followed a successful hosting of a Ramadan festival by the media company, and following discussions with the defendant, it was requested to incorporate the bank’s name into the concept,
He said that this led to the rebranding of the event as ‘LOTUS EID SOUQ FEST’.
The plaintiff further stated that an agreement dated May 28, 2024, subsequently engaged the company to organise the LOTUS EID SOUQ FEST 2024 in Victoria island Lagos.
According to him, the event, which held on June 8 and 9, 2024 generated increased customer engagement and goodwill for the bank, adding however, that the agreement acknowledged its ownership of the ‘EID SOUQ’ trade mark.
The plaintiff deposes that dispute started in 2026, when the company began preparations for its Eid celebration using the ‘EID SOUQ’ brand and secured partnerships with other reputable organisations.
The plaintiff averred that it advertised its event, scheduled for May 23 and 24, but was surprised to receive calls and messages from members of the public seeking to know if it was also organising the ‘LOTUS EID SOUQ 2026’.
He said it was at that point it discovered that the defendant bank was also promoting an event bearing the disputed name for the same dates.
Consequently, the plaintiff averred that the bank’s use of the mark and other identifying features, amounted to passing off, as it created confusion among the public, and led people to believe that its event was organised by Bright Light Media.
Besides, it claims that such unlawful misrepresentation was calculated to exploit the goodwill it had built around the ‘EID SOUQ’ brand and consequently resulted in loss of business patronage.
The media company is consequently, asking the court to award the sum of N2 billion as special damages against Lotus bank, for pecuniary losses and infringement on its intellectual property. The plaintiff is also asking the court to award an additional N5 million as the cost of instituting the suit.
