 

Dear Madam,

 

Greeting.  Further to my email immediately below, we propose to bill
US$650 for the cease-and-desist letters to be served on Ms. Dogo and
Mr. Sambo.  In arriving at this discounted fee, we considered that we
issued a similar letter to Ms. Adigun – and will therefore require
less time and effort to issue the two letters. 

 

Regarding Ms. Adigun, the appropriate enforcement action will be a
lawsuit for TM infringement and passing off.  The option of reporting
Ms. Adigun to law enforcement for prosecution for use of the domain
name “dermafix .ng” is no longer available since that domain name
has been deactivated.  The statutory prohibition on the use of a
domain name without authorisation does not extend to Instagram
accounts.  (The existing “dermafix.ng” and “dermafixng”,
which we suspect to be maintained and used by Ms. Adigun, are
Instagram account handles.)  We propose a fixed lumpsum fee of
US$25,500 to file and prosecute the lawsuit, broken down as follows:

 	* US$4,500 payable upon approval of our formal Engagement Letter.
	* US$4,500 upon filing the lawsuit in court and service of the court
papers on Ms. Adigun.
	* US$6,000 upon conclusion of pre-trial proceedings.
	* US$10,500 if the matter proceeds to trial.

 

We hope you would find the fee quotes acceptable.

 

 

FROM: Nduka Ikeyi 
SENT: Friday, 3 May 2024 20:05
TO: Rosalie@DermaFIX 
CC: Ursula@DermaFIX ; Dave@DermaFIX ; Peet ; Destiny Chukwu ; Esther
Fadoju 
SUBJECT: RE: Continuing infringement of DermaFix TM in Nigeria

 

Dear Madam,

 

Greeting and many thanks for your email.  

 

We will provide the fee quote for the services shortly.

 

 

FROM: Rosalie@DermaFIX 
SENT: Friday, 3 May 2024 06:15
TO: Nduka Ikeyi 
CC: Ursula@DermaFIX ; Dave@DermaFIX ; Peet 
SUBJECT: RE: Continuing infringement of DermaFix TM in Nigeria

 

Dear Nduka Ikeiy

 

Thank you for your appreciated continued interest and help.

The concern is would these folks continually keep up the
infringements? Please could you forward a quote for the services you
suggested below?  

 

We are of the opinion that each of these cases constitutes an
infringement of the DermaFix brand. We therefore advise that a
cease-and-desist letter should be issued to Ms. Dogo and Mr. Sambo (in
the first instance),  whilst enforcement action (as we advised
previously) should be taken against Ms. Adigun for continuing
infringement of the DermaFix brand, since we have secured the priority
of Spa Professional CC’s right to the proprietorship and use of the
DermaFix brand in Nigeria.   Enforcement action may also be taken
against Ms. Dogo and Mr. Sambo if they do not discontinue their acts
of infringement of the DermaFix brand.

 

 

[Kind regards,]

ROSALIE NETO 

MANAGING DIRECTOR 

 [https://www.instagram.com/dermafixskincare/] 
[https://www.facebook.com/DermaFixSkinCare]

PHONE: +27 861 28 23 23

MOBILE: +27 83 699 6595

EMAIL: rosalie@DermaFIX.co.za

WEBSITE: www.dermafix.co.za [http://www.dermafix.co.za/]

ADDRESS: DERMAFIX SOUTH AFRICA

16 Old Sir Lowrys Pass Road 

Somerset west 

Western Cape 7135

 

Confidentiality Notice

This message (including any attachments) may contain confidential
information. Unless you are the intended recipient (or authorised to
receive e-mails for the intended recipient

& company), you may not read, print, retain, use, copy, disseminate or
disclose to anyone the message or information contained in the
message. If you have received this

message in error, please notify the sender and destroy all copies of
the original along with any attachments.

 

 

FROM: Nduka Ikeyi 
SENT: Thursday, May 2, 2024 5:08 PM
TO: Rosalie@DermaFIX 
CC: Ursula@DermaFIX ; Dave@DermaFIX ; Esther Fadoju ; Yusuf Mustapha ;
Destiny Chukwu ; Josephine Adeyele 
SUBJECT: Continuing infringement of DermaFix TM in Nigeria

 

Dear Madam,

 

Greeting. I’m following up to know if you’ve had the chance to
look at my email immediately below.

 

 

FROM: Nduka Ikeyi 
SENT: Wednesday, 24 April 2024 13:12
TO: 'Rosalie@DermaFIX' 
CC: 'Ursula@DermaFIX' ; 'Dave@DermaFIX' ; Esther Fadoju ; Yusuf
Mustapha ; Destiny Chukwu ; Josephine Adeyele 
SUBJECT: RE: Registration of DermaFix TM in Nigeria

 

Dear Madam,

 

Greeting. Our further search confirmed that the domain name
“dermafix.ng” owned and managed by Ms. Adigun Abisoye remains
deactivated as our multiple searches on the internet using the name
did not show any results. 

 

However, the Instagram account “Flawlessesthethicsclinic” owned
and managed by Ms. Christiana Chioma Dogo remains active and still has
on the account, the advertisement bearing the “DermaFix-IT”
products. 

 

Also, the Instagram account “12 Logos”, a logo and flyer design
brand, still has the “Dermafix” design logo/flyers. We confirmed
that the Instagram account is owned and managed by one Mr. Dou Dalyop
Sambo with his address in Jos, Plateau State, Nigeria.

 

Further, we found two other Instagram accounts, namely
“dermafix.ng” and “dermafixng”. Whilst “dermafixng” and
“dermafix.ng” do not display the owner or managers’ name, the
profile in dermafix.ng (a) pegs the location of the business in Abuja,
Nigeria, and (b) shows dermafix.ng@gmail.com as the account’s email
contact.  The displayed address for the “dermafixng” account is
at No. 38 Rabiatu Street, Liberty Estate, Ago Lagos, Nigeria. We
suspect that the accounts are still being owned and managed by Ms.
Adigun who has intentionally avoided uploading her details to avoid a
lawsuit having deactivated the domain name. Dermafix.ng is used for
the display of products from different brands namely, Bioderma,
Isispharma, and CeraVe. These acts amount to an infringement of the
Dermafix brand.

 

We are of the opinion that each of these cases constitutes an
infringement of the DermaFix brand. We therefore advise that a
cease-and-desist letter should be issued to Ms. Dogo and Mr. Sambo (in
the first instance),  whilst enforcement action (as we advised
previously) should be taken against Ms. Adigun for continuing
infringement of the DermaFix brand, since we have secured the priority
of Spa Professional CC’s right to the proprietorship and use of the
DermaFix brand in Nigeria.   Enforcement action may also be taken
against Ms. Dogo and Mr. Sambo if they do not discontinue their acts
of infringement of the DermaFix brand.

 

We will therefore wait to take further instructions from you.

 

 

FROM: Nduka Ikeyi 
SENT: Wednesday, 10 April 2024 10:47
TO: Rosalie@DermaFIX 
CC: Ursula@DermaFIX ; Dave@DermaFIX ; Esther Fadoju ; Yusuf Mustapha ;
Destiny Chukwu ; Josephine Adeyele 
SUBJECT: RE: Registration of DermaFix TM in Nigeria

 

Dear Madam,

 

Please find transmitted herewith for your record the trademark
registration acknowledgment form for the registration of DermaFix and
associated device as a trademark (“DermaFix trademark”) in each of
class 3, 44, and 45 of the trademarks register in Nigeria.  The
issuance of the acknowledgment form gives the proprietor of a
trademark who has applied for its registration at the Trademark
Registry (“TM registry”) a prior right over any applicant who may
subsequently apply to register a similar mark in the same class.
Therefore, the issuance of the acknowledgement forms for the
registration of DermaFix trademark in classes 3, 44 and 45 will
provide protection to Spa Professional CC (“Spa”) in these
classes.  We will however follow up at the TM registry for the
issuance of the acceptance letter in respect of each application and
keep you updated.

 

Meanwhile, we will, whilst waiting for the completion of the trademark
registration process, revive the claim against Adigun Abisoye given
Spa’s priority claim over the DermaFix trademark in Nigeria
following the issuance of the attached acknowledgment forms by the TM
registry.

 

 