Court prohibits Virony from utilizing Nollywood Star, Mercy Johnson’s images for product promotion

The Federal High Court in Lagos’s Justice Chukwujekwu Aneke has prohibited Virony Nigeria Limited from exploiting Mercy Johnson’s images to market its merchandise.

During an ex parte hearing on a claim brought by Mercy Johnson against Virony Nigeria Limited, a producer of sanitary wares and household items, Justice Aneke made the decision.

The court also issued an injunction, according to Nigeria Lawyer, requiring the seizure of any corporate goods featuring Mercy Johnson’s images as well as any audio and video clips of the actress utilised to advertise their products online and on social media.

The corporation was sued by Mercy Johnson, it was stated, for allegedly violating her intellectual property rights after their two-year brand ambassador and endorsement agreement, which was inked in 2020 and expired in October 2022, expired.

She sought ex parte injunctive orders restraining the company and its agents or customers from further infringing on her copyright and image rights by continuing to promote their product with her images and audiovisual through her lawyer, Prince I. Nwafuru Esq., a Managing Partner at The Law Suite, Lekki Lagos.

Additionally, she requested and received instructions from Anton Pillars directing the confiscation and seizure of the infringing materials.

Justice Aneke issued the following orders, among other things, and granted all the requested interim reliefs:

The Defendant is ordered to refrain from using any image, picture, audiovisual, video, or sound recording of the Applicant and her children in the production, manufacture, marketing, advertising, promotion, or sale of the Defendant’s products until the hearing and decision of the Applicant’s Motion on Notice for Interlocutory Injunction. This order applies to the Defendant directly as well as to any of its members, officers, agents, servants, distributors, customers, marketers, brand ambassadors, influencers, or any other natural or artificial person acting on behalf of the Defendant.

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“That a Temporary Order of Mandatory Injunction is granted, mandating the seizure and confiscation of all Defendant products featuring the Applicant’s images and pictures, as well as all audio and video recordings of the Applicant utilised in the Defendant’s product marketing, promotion, and advertising, posted on any social media platform or the internet.

“That an Interim Order of Mandatory Injunction is made directing the Defendant and all platforms hosting the Defendant’s social media pages and accounts to delete on all the Defendant’s social media handles or anywhere else, any material including but not limited to pictures, images and sound and video recordings of the Applicant and her kids used in promoting the Defendant’s products pending the hearing and determination of the Interlocutory Motion on Notice for Injunctions.

“That an Interim Order of this Honourable Court is made directing the Nigeria Police or any of its Officers or other Officers concerned with the security and enforcement of Orders including the Inspector General of Police, Assistant Inspector General of Police, the Commissioner of Police, Area Commander, Divisional Police Officer and/or other security Officers to provide necessary protection and accompany the Applicant or her Manager and authorized Agent to seize, detain and preserve the infringing materials bearing the images, pictures, videos and sounds of the Applicant and her kids pending the hearing and determination of the Motion on Notice for Interlocutory Injunctions.”

The judge then postponed the case until November 10 in order to hold a hearing.