What infringement means
Infringement is unauthorised use of a protected right.
What counts as infringement differs by right, and so does what you must prove.
Trademark infringement is using a mark identical or confusingly similar to a registered mark, in relation to the goods or services it is registered for, in a way likely to cause confusion. You prove the registration and the similarity; your reputation is not in issue.
Copyright infringement is doing something only the owner may do: reproducing the work, distributing it, communicating it to the public, or adapting it, without permission and without a statutory exception applying.
Patent infringement is making, using, importing or selling the patented invention without the patentee's consent.
Design infringement is applying the registered design, or one not substantially different, to articles of the same kind.
Where there is no registration, the equivalent claim for a name or get up is passing off, and it is a harder case.
How it is used
The response to infringement follows a sequence, and skipping to litigation is usually a mistake.
Evidence first. Screenshot the use with visible dates and URLs. Buy the infringing product and keep the receipt and the packaging. Record where and when you saw it. Evidence disappears the moment a letter arrives.
Then a cease and desist letter. It identifies your right with its registration number, describes the infringing use specifically, states what you require and by when, and reserves your position. A well drafted letter resolves a large share of infringements, particularly where the infringer did not realise the right was registered.
Platform mechanisms sit alongside this. Marketplaces and social platforms operate notice procedures that are often faster than any legal process, and Nigerian copyright legislation as replaced in 2022 addresses online infringement and takedown directly.
Where it proceeds, the remedies are an injunction restraining further use, damages or an account of the profits the infringer made, delivery up or destruction of infringing goods, and costs.
Customs recordal is worth knowing about for counterfeit goods, allowing rights holders to work with border enforcement.
Key features
- Unauthorised use of a protected intellectual property right
- What must be proved differs between trademark, copyright, patent and design
- A registered right is far easier to enforce than an unregistered one
- Remedies include injunction, damages or account of profits, and delivery up
- Cease and desist letters resolve a large share of cases
- Platform takedown procedures are often faster than litigation
How this works in Nigeria
Enforcement is the weak point across Nigerian intellectual property, and it is worth being honest about it.
The rights exist and the courts grant remedies. What is difficult is speed and cost. Litigation is slow, counterfeit supply chains are diffuse, and an injunction against one seller does not stop the market.
That reality shapes strategy. Registration first, because a registered right converts an argument about reputation into a letter citing a number. Platform takedowns second, because they work quickly and reach the channels where most Nigerian infringement now happens. Litigation for the cases that matter commercially, rather than for every infringement.
The Copyright Act 2022 modernised the position for online infringement, and the Nigerian Copyright Commission has a role in enforcement. For counterfeits, the standards and consumer protection regulators are also relevant depending on the goods.
For trademark owners, the practical Nigerian point is that first to file registration means an infringer may have registered a similar mark themselves. Checking the register before sending a letter avoids writing to somebody who turns out to hold a registration.
And for businesses that have never registered anything, the honest position is that enforcement will be harder, slower and more expensive than registration would have been.
Infringement vs passing off vs breach of contract
Three ways to challenge somebody using your brand or work, with different burdens.
Infringement of a registered right is the easiest. You prove the registration and the unauthorised use falling within it. Your reputation and your losses are not the entry requirement.
Passing off protects goodwill in an unregistered name or get up. You must prove your reputation, that the defendant misrepresented a connection, and damage. It works, and it costs considerably more to run.
Breach of contract applies where the user had permission and exceeded it. A licensee selling outside the territory, or using content beyond the licensed period, is in breach of the licence rather than infringing at large, and the remedy comes from the agreement.
A rights holder should identify which of the three applies before writing. A licensee who exceeded scope is answered with the contract, and a stranger is answered with the registration.
Limits and risks
Litigation is slow and expensive relative to the value of many infringements, so enforcement has to be selective.
Damages can also be modest and difficult to prove, particularly where the infringer kept no records, which is why an account of profits is sometimes the better remedy to seek.
Unregistered rights make everything harder, and a business relying on passing off is running a much heavier case.
Platform takedowns are fast but limited. They remove a listing; they do not stop the seller opening another account.
And cross border infringement, where the infringer is outside Nigeria, raises jurisdiction and enforcement problems that a domestic judgment does not solve.
Worth knowing
Preserve the evidence before you send the letter. Screenshots with visible dates and URLs, a purchased sample with the receipt, and a note of where and when you found it. Nigerian infringers delete listings within hours of receiving a demand, and a claim without evidence of what was published is very hard to run.
Questions people ask
What counts as trademark infringement?
Using a mark identical or confusingly similar to a registered mark, in relation to the goods or services it covers, in a way likely to cause confusion. You prove the registration and the similarity rather than your reputation.
What can I claim for infringement?
An injunction restraining further use, damages or an account of the profits the infringer made, delivery up or destruction of infringing goods, and costs.
What should I do first?
Preserve evidence, then send a cease and desist letter identifying your right with its registration number and describing the infringing use specifically. A well drafted letter resolves a large share of cases.
Are platform takedowns worth using?
Yes. Marketplace and social platform notice procedures are often faster than any legal process, and Nigerian copyright legislation as replaced in 2022 addresses online infringement and takedown directly.
What if I never registered my trademark?
Your claim is passing off, which requires proving goodwill, misrepresentation and damage. It works but it is a much heavier and more expensive case than enforcing a registration.
What if the infringer has their own registration?
Check the register before writing. Nigerian trademark registration is first to file, so an infringer may hold a registration of their own, and the response is then an opposition or cancellation rather than a simple infringement letter.