Dear Nduka Ikeyi A good suggestion accepted – as highlighted, thank
you. 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. [Kind regards,] Rosalie
Neto Managing Director [cid:image002.png@01DAA12C.78DA5B20]
[cid:image003.png@01DAA12C.78DA5B20]
[cid:image004.png@01DAA12C.78DA5B20] Phone: +27 861 28 23 23 Mobile:
+27 83 699 6595 Email: rosalie@DermaFIX.co.za Website:
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: Rosalie@DermaFIX
Sent: Wednesday, May 8, 2024 7:02 AM To: Nduka Ikeyi Cc:
Ursula@DermaFIX ; Dave@DermaFIX ; Peet Subject: RE: Continuing
infringement of DermaFix TM in Nigeria Dear Nduka Ikeyi I am shocked
at the price of litigation no wonder the world is full of gangsters.
The British say “ not bloody likely” and so do I. [Kind regards,]
Rosalie Neto Managing Director [cid:image002.png@01DAA12C.78DA5B20]
[cid:image003.png@01DAA12C.78DA5B20]
[cid:image004.png@01DAA12C.78DA5B20] Phone: +27 861 28 23 23 Mobile:
+27 83 699 6595 Email: rosalie@DermaFIX.co.za Website:
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:
Tuesday, May 7, 2024 4:46 PM To: Rosalie@DermaFIX Cc: Ursula@DermaFIX
; Dave@DermaFIX ; Peet ; Destiny Chukwu ; Esther Fadoju ; Esther Dania
Subject: RE: Continuing infringement of DermaFix TM in Nigeria 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: 1. US$4,500 payable upon approval of
our formal Engagement Letter. 2. US$4,500 upon filing the lawsuit in
court and service of the court papers on Ms. Adigun. 3. US$6,000 upon
conclusion of pre-trial proceedings. 4. US$10,500 if the matter
proceeds to trial. We hope you would find the fee quotes acceptable.
[cid:image005.png@01DAA12C.78DA5B20] 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. [cid:image005.png@01DAA12C.78DA5B20] 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
[cid:image002.png@01DAA12C.78DA5B20]
[cid:image003.png@01DAA12C.78DA5B20]
[cid:image004.png@01DAA12C.78DA5B20] Phone: +27 861 28 23 23 Mobile:
+27 83 699 6595 Email: rosalie@DermaFIX.co.za Website:
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.
[cid:image005.png@01DAA12C.78DA5B20] 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.
[cid:image005.png@01DAA12C.78DA5B20] 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.
[cid:image005.png@01DAA12C.78DA5B20]