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Lawyer | Creative | Entrepreneur ‼️

[Ddam @ddam_demetrius]

Passing the bar finals with these people❤

[Tunde Lawal @tunde_naija]

Can An Actor Monetize a Character owned by the Production Company after Trademarking the Character - The Case of Papa Ajasco ?

Generally, a Film studios commonly register the names of characters as trademarks to control commercial exploitation such as Advertising, Endorsement and Licensing and subject to Section 3 of the Trademark Act, the registered proprietor of a trademark controls the commercial use of the name and whosoever use the mark in a way that suggests association or endorsement may be liable for passing off.

Using the popular Nigerian sitcom Papa Ajasco, many people assume the actor playing the character automatically owns the identity of that character but he disclosed this in a recent interview with Lucky Udu.

In most film and television productions, the production company owns the intellectual property rights to the character, including the name, brand identity, and commercial goodwill built around it.

This means since the production company trademarked the name “Papa Ajasco”, it becomes the registered proprietor of that mark and restrict the actor that played the role of Papa Ajasco from using the character name for advertisements, monetize the character independently or even endorse products using the character identity without the permission of the Production company - Wale Adenuga Production for failure to seek permission will amount to injunction restraining further use, infringement damages and Passing off liability.

However, Actors can negotiate with the Production company before pending signature for character licensing rights , endorsement rights or profit participation which is a partial access to monetize in this modern Period.

Hence, Trademarking the “Papa Ajasco” character by the production company is legally valid and helps protect the commercial goodwill attached to the character and it restricts actors from independently monetizing the character because the trademark owner controls commercial exploitation of the mark.

Conclusively, Papa Ajasco can’t monetize a trademarked character without the consent/permission of Wale Adenuga Production except there’s a previous agreement on character rights and endorsement.

Ayman Enterprises Ltd v. Akuma Industries Ltd & Ors (2003)

[Standard_dii @Standard_dii]

As a creative, at any stage of your career signing a contract could go beyond the future you imagine.

[@𝗼𝗻𝗲𝗷𝗼𝗯𝗹𝗲𝘀𝘀𝗯𝗼𝘆 @OneJoblessBoy]

"That particular character (Papa Ajasco) has been registered by Wale Adenuga... Things have never been okay for years back now - no car of my own, no house of my own..."

- Abiodun Ayoyinka

[@𝗼𝗻𝗲𝗷𝗼𝗯𝗹𝗲𝘀𝘀𝗯𝗼𝘆 @OneJoblessBoy]

"That particular character (Papa Ajasco) has been registered by Wale Adenuga... Things have never been okay for years back now - no car of my own, no house of my own..."

- Abiodun Ayoyinka

[Senior Man @KingEsene]

Imagine how much would have been saved if he had just paid a fraction of it to this lawyer or any other lawyer for this legal advice/opinion.
But you guys don't like paying lawyers bcos- wetin Lawyers dey do sef.

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@ayobamidele__ Thanks 🫶🏾

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Odusowo Oladipupo Esq.

Finally ,i got my Call to the Nigerian Bar , A feat that is indeed themed ‘’Progress’’. From here till beyond. I become limitless.

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@adararichard1 Thanks My bro

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@cynthia_tuaka Thanks 🫶🏾

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@shalom4PF BIGGER WINS COMING MY GEE.

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@Teekhayyyyy___ Thanks My Learned Colleague 💯

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@adigunibrahim9 Congratulations as well my Bro

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@Faith13Owolabi Thanks Faith 🫶🏾

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@Habibu_Law Thanks 🙌

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@BarrJoe_ Thanks My Brother.

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@Anjolakanbai Thanks Chief 🙌

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Thank God For keeping everything running smoothly.

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@Azeezbazooka Congratulations Learned Colleague, no matter what ship you are on, you are never alone. Music and law can go along .

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@sageXLJ Congratulations 🍾