Comedian cum media personality Eddie Butita intends to file a lawsuit at the commercial court against E-commerce vendor ‘Mall of Africa’ who used his branding image to promote their Black Friday Deals without his authority.
This has come after the former Churchill Show Comedian sent a demand letter to the online establishment seeking a written acceptance that they made use of his images for unlawful commercialization of their products and he also demanded an engagement on the amount to be compensated on.
“On 22nd October 2020 in anticipation of the international Black Friday, you exploited our client’s widely renowned brand to market your business and attract shoppers. While using our client’s brand, you posted promotional content on your social media platforms inviting buyers to visit and shop on your online shops during the Black Friday Extravaganza. You were cheeky enough to tag our client’s handles on all your social media platforms to give credence to your lawful use of his brand,” read part of the demand letter.
In a quick rejoinder, ‘The Mall of Africa” denied any unlawful doing in using his name and image while rubbishing his demands for payment and this forced the comedian to head to court.
“We are going to court. Currently, we are processing court documents which we will be serving Mall of Africa in the next 10 to 14 days. We are seeking compensation for the commercialization of our client’s online brand to market their Black Friday sales without paying for it. We seek damages for our client that could go up to Sh10 million” said MNO Advocates LLP senior lawyer Okalle Makanda.
The lawyer added that they will petition the court to compel Mall of Africa to produce their sales inventory amid their recent Black Friday period that started on November 27 upon which they will use it to demand Butita’s compensation.
According to Okalle Makanda, they have a strong case based on their confidence and the response from Mall of Africa.
“In the letter, they argued that our client’s brand name isn’t a trademark hence don’t warrant any compensation or payment,” he added.