Ex-tennis medalists sue NBC for unauthorised adverts

Two retired professional table tennis players, Mrs. Modupe Amoo and Mrs. Omowunmi Muse, have sued the Nigerian Bottling Company Plc before a Lagos State High Court, Igbosere, for allegedly using their photographs in a brand advertisement without their consent.

Amoo and Muse had represented Nigeria in the 1972 Commonwealth and World Table Tennis tournaments held in Wales and Sarajevo-Yugoslavia, and jointly won three gold medals and a silver medal in the 1973 All Africa Games held in Lagos.

Their picture displaying their medals was published on November 1, 2011 to celebrate NBC’s “60 years of refreshing Nigeria.”

But they are, through their suit ,claiming N25m exemplary/punitive damages for unlawful use of their pictures, and 21 per cent interest on the sum from the date of judgment.

An advertisement agency, STB-McCann, was joined as the second defendant in the suit.

The claimants want the court to declare that the use of their pictures and goodwill without their prior knowledge is unlawful and amounts to invasion of their privacy “through misappropriation of their images/likeness.”

However, NBC had opposed the suit, arguing that  it had the right to use the pictures in advertisements having sponsored the claimants to the tournaments in which they won the medals.

It urged the court to dismiss or strike out the suit and award cost against the claimants on the grounds that their suit frivolous, vexatious and totally lacking in merit.

It said by participating in the events, the claimants “subscribed to the sponsorship and ancillary rights which accrued thereby to the first defendant.”

NBC added that it was the tradition, both locally and internationally that sponsorship of sporting events conferred commercial benefits on sponsors especially the right to use such events to promote their products.

It said the authority to use the photographs was not time-bound, and that the pictures were taken at a dinner it organised in the claimants’ honour after the tournaments.

Among other prayers being sought by the claimants is an order of perpetual injunction restraining the defendants from further publication of the pictures without their consent.

Through their lawyer, Mr. Kennedy Atuenyi, they are also demanding N650,000 as costs incurred in the suit.

According to them, when they earlier contacted NBC for settlement, they were offered vouchers worth N200,000 each to be used at a particular shopping complex, and were asked to sign documents regularising the use of their photographs in the advert.

Their lawyer subsequently wrote to NBC twice, demanding a public apology, removal of the adverts including those pasted on delivery trucks, and N25m each to the claimants as compensation.

“Till date, the first defendant (NBC) has failed/refused to accede/respond to any of our demands, as well as communicate/discuss with our solicitors,” the claimants said.

Justice Samuel Candide-Johnson adjourned till September 29 and 30 and October 7 and 8 for trial.