MTN Nigeria suffers setback, ordered to Pay N840 Million for Trademark Infringement

The Federal High Court in Lagos has imposed an N840 million fine on MTN Nigeria Communications Limited for trademark infringement against Citilink Accesscorp Limited over the use of the registered trademark “WEBPLUS.”

Justice Akintayo Aluko, delivering judgment in suit HC/L/CS/1124/2014 filed by Citilink, ruled that MTN’s use of “MTN WEBPLUS” or “MTN WEB+” unlawfully mimicked Citilink’s trademark. The court awarded N70 million in damages per year, covering Citilink’s business losses and brand dilution from 2014 to 2025, and also ordered MTN to pay 15% interest per annum on the total judgment sum until fully settled.

Citilink Accesscorp Limited, in a suit filed on July 17, 2024, accused MTN Nigeria of illegally using the “WEBPLUS” trademark, which was legally registered in 2001 under Class 9 and renewed in 2014. The company argued that MTN’s use of the name misled the public and caused reputational damage.

Citilink further sought a court declaration affirming its sole ownership of the “WEBPLUS” trademark, a perpetual injunction preventing MTN from further using “WEBPLUS” in any form, and an order barring the Registrar of Trademarks from issuing any trademark rights to MTN under “WEBPLUS” or its variations. Additionally, the company requested the seizure and destruction of MTN’s servers used in connection with the disputed trademark and demanded N1.5 billion in general damages for infringement, as well as compensation for legal fees and expenses.

MTN Nigeria, in response, challenged the court’s jurisdiction, arguing that a pending case at the Trademark Tribunal made the lawsuit invalid. The telecom giant also claimed that its 2012 application for “MTN WEBPLUS” was made when Citilink’s trademark registration had lapsed (2008–2014).

MTN insisted that it had engaged in “honest concurrent use” of the trademark, meaning there was no intention to deceive the public. The company also argued that Citilink failed to present sufficient evidence to justify its financial claims.

In his ruling, Justice Aluko rejected MTN’s arguments and upheld Citilink’s infringement claims. However, the court dismissed Citilink’s request for the seizure and destruction of MTN’s servers, as well as its N10 million claim for special damages, citing insufficient proof.

The court also granted a perpetual injunction against MTN, barring the telecommunications firm from any further use of the disputed “WEBPLUS” trademark.