Nobert Events sent a letter dated September 8 through his lawyers from Kodili and Co. Advocates. This letter discloses an intention by Nobert to sue singer Gravity for charges such as violation of copyright. It is said that there was a contract signed between the two parties but when it was breached, it turned out to be terminated for the two parties but yet Gravity still uses Nobert’s trademark and name while advertising his events, something that breaks the law.
Nobert Events Limited, our client, is an events promoter and organiser with whom you entered a memorandum of understanding dated May 28, 2022 for a sponsorship of a live concert slated for October 1, 2022 at Lugogo Cricket Oval. You however, breached this agreement and the same was subsequently terminated by a notice of termination dated August 29, 2022, discharging both of you from your obligations under the memorandum of understandingThe Letter
In the letter however, it is said that Gravity continues to use Nobert’s trademark during his advertisements, something he is not supposed to do since he is the one that breached the contract in the first place. He is not meant to use the promoters trademark since they have no formal vontract binding them,as the one they had was terminated after Gravity breached it.
We have been reliably informed by our client that you have adamantly continued to use his trademark, business name and trade name in the advertisement, marketing and promotion of your live concert without his concert, authority or approval yet you have no binding contract with himThe Letter
It went on to state that what gravity is doing is harming Nobert because he has caused him very many financial loses apart from the fact that he is breaking the law by using Nobert’s trademark for his music advertisements. The letter also stated that Gravity was causing public confusion since what he published was a lie
Take note that your actions of infringing on our client trademark business and trade name violate his proprietary rights in the said intellectual property and are tantamount to passing off, which is outlawed under the trademark act 2010. You have caused financial loss, confusion and misleading of the public, all to the detriment of our clientThe letter
Gravity was therefore given an ultimatum of 5 days to apologise and also with draw the trademark from his advertisement or he was to face jail time for all these crimes against him.
The purpose of this letter is to demand as we do that: you issue an apology within five working days from the date of receipt of this letter, cease and desist from our clients brand, logo, trade and business name in the promotion and advertisement of your live concert.the letter