Nollywood actor, Richard Mofe Damijo better known as RMD is set to
sue Jumia (an eCommerce company) over unauthorized use of his photo to
promote its products.
According to the actor’s publicist,
“This unauthorized use of the image has been ongoing, they said
and has had the effect of portraying to unsuspecting customers that
Jumia enjoys the patronage of or endorsement of RMD.
RMD is a well known brand ambassador for various companies and
his image has been widely and regularly used for product placement in a
variety of platforms. He has always jealously guarded his image and has
been meticulous about the type of products and services associated
therewith. Jumia’s unilateral and unauthorized use of RMD’s image for
the advancement of its products and website has undoubtedly enhanced
Jumia’s brand awareness and created a buzz about Jumia’s fashion line at
the expense of RMD.
RMD has since instructed his lawyer, Mena Ajakpovi of Messrs.
Abraham & Co. to engage Jumia and seek redress at the law court if
they are defiant. Jumia’s response has definitely been defiant and
unapologetic. They admitted that they had taken the images from the
actor’s page but that it was not an infringement of his copyright since
the image was on a public Instagram platform. This is even though they
are using the image to promote their online fashion trade on their
website page! They offered to take the page down but have shown neither
remorse nor offered any conciliatory compensation!
The ‘Terms of Use’ of Instagram as stated on their website
clearly prohibits Jumia from taking RMD’s pictures and using same to
conduct its fashion business.
Their defiance has left the ace actor with no alternative but to
instruct his lawyers to sue JUMIA for punitive and exemplary damages for
the infringement of his image rights.”
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