In what is reminiscent of the prevailed spirit that necessitated the
creation of the Sherman Antitrust Act of 1890, Academy Awards, otherwise
known as Oscars has made a move to muzzle a perceived innovation and
competition –
UNIVERSAL MOVIE ACADEMY AWARDS (UNIMAA)
The first trademark opposition was filed by
ALLAN & OGUNKEYE a Nigerian law firm based in Lagos on behalf of
Academy Of Motions Pictures Arts and Sciences to the trademark office in
Abuja Nigeria. And the subsequent opposition is filed by SCOTT MILLER
Assistant General Counsel and Managing Director Legal and
Administrations
ACADEMY OF MOTIONS PICTURES ARTS AND SCIENCES (AMPAS) of the address 8949 Wilshire Boulevard Beverly Hills, California 90211 USA.
A mirrored dispute is also at the US Patent
and Trademark law office – as Oscars seeks to muzzle UNIMAA’s existence
beyond the shores of Africa.
The about 91year old movie giant of
American origin is fighting to systematically eliminate UNIVERSAL MOVIE
ACADEMY AWARDS (UNIMAA), which originates from the African nation,
Nigeria under the guise of trademark conflict by challenging the
registration of UNIMAA on the African shore. The founder of Universal
Movie Academy Awards Mr Hope Obioma Opara was surprised with the
nefarious activity of the OSCARS orchestrated to eliminate this new
innovation.
A pertinent question is ‘what is Academy Of Motions Pictures Arts and Sciences (AMPAS) is afraid of?
The Background
It will interest you to know that in 2018, Academy Awards, through their
litigant filed an objection with the ministry of Trade and commerce,
Nigeria, objecting to the existence of UNIMAA. We responded with a
contrary stance to this objection since we reviewed the trademark laws
and found that the terms “Academy” and “Awards” are generic words that
cannot solely be used by any entity. More so, the qualifier, “Universal
Movie” in Universal Movie Academy Awards clearly distinguishes UNIMAA
from Academy Awards that has no such qualifier. A mandatory 90 day
period passed and no further objection to our response as required by
law was raised.
To understand this argument, “African Union” is distinguished from
“European Union” although the word “union” is a common decimal. United
States cannot be confused with United Arab Emirates because of the
existence of “United.” Standard Bank cannot challenge United Bank of
Africa for the use of the term “Bank”, because in all the instances
cited, the usage of those generic terms, even if registered by any of
the corporations engaging in similar services, doesn’t result in
confusion for the public with respect to the individualities of the
organizations – and therefore does not constitute infringement.
The Founder of Universal Movie Academy Awards, Mr Hope Obioma Opara, in
his submission gave instances of countries where the two generic words
“ACADEMY” & “AWARDS” are used in sync as stated below.
The Opponent’s ground of Opposition puts the Opponent to the strictest
proof of the averments thereof. The opponent does not have the exclusive
and proprietary right over generic words like “ACADEMY AWARD” either in
the United States of America and other parts of the world.
The use of only ACADEMY AWARDS without element to distinguish makes it
ambiguous. On a serious note AMPASS should not bar or foreclose the
usage of ACADEMY AWARDS just for themselves because ‘ACADEMY AWARD’ is
similar to BEAUTY PAGENT, FILM FESTIVAL, TRADE UNION, COLLEGE OF
EDUCATION,TECHNICAL COLLEGE, UNIVERSITY etc. that are all generic words,
requiring qualifiers for distinguishing from other organizations using
the combinations of these generic terms.
The followings are example of countries where “ACADEMY AWARD” are being used in the brand names of such entities.
For instance in
a) – In
NIGERIA,
AFRICAN MOVIE ACADEMY AWARDS (AMAA() Founded in 2005
b) – In
INDIA, “INTERNATIONAL INDIAN FILM ACADEMY AWARDS”;
(First awarded: 2000) The 2017 edition was held July 14–15, 2017 in
MetLife Stadium in East Rutherford, New Jersey, USA. Interestingly,
although this event was right under the nose of OSCARS, no infractions
from Oscars barring the event was registered.
c) – In
ITALY:
ITALIAN DOCUMENTARY ACADEMY AWARDS (established in 1955)
d) – In
USA :
PRINCE OF PRESTIGE ACADEMY AWARD Founded in 2010 Florida US – still in the same country as Oscars’.
e) – In
INDIA,
PRIYADARSHNI ACADEMY AWARDS (Nanik Rupani founded a unique institution, Priyadarshni Academy in 1985 )
f) -In
SOUTH AFRICA ,
ZULU AFRICAN FILM ACADEMY AWARDS (ZAFAA Global Awards) edition in 2006.
g) -In
CHINA,
“CHINA ACADEMY AWARDS OF DOCUMENTARY FILM (CAADF);
(The China Academy Awards for Documentary Film (CAADF) is one of the …
First launched in 2011, CAADF is known as “The Oscars of China
h) – In
JAPAN, they have
“JAPANESE ACADEMY AWARDS/JAPANESE ACADEMY PRICE. Founded in 1978 Japan
i) -In
HOLLAND, they have
“TENT ACADEMY AWARDS” ROTTERDAM;
(TENT. is a new municipal exhibition space in the center of Rotterdam,
Holland, opened in 1999 and TENT ACADEMY AWARDS 2001 • Screening)
Holland
j) – In
USA, they have
“ANNUAL FACET ACADEMY AWARDS OF INDIANA UNIVERSITY” (Founded in 1989) USA.
k) -In
EUROPE, they have
“EUROPEAN MUSEUM ACADEMY AWARDS”, (the Council of Europe. It was founded in 1977 by journalist, author Kenneth Hudson.) European Union.
With all the above local and international use of ACADEMY AWARDS, it is
now glaring that it is generic and that the phrase “Academy Awards,” was
registered without recourse to the future existence of other
organizations bearing the phrase. It should be seen to have been
registered in error, it should not be applied to disqualify any other
name or names containing, academy awards, so long as there are other
distinguishing features.”
While the begging question of what Oscars fears are do remain rife, it
will be illuminate that she desists from pursuits that will define her
as a repressive gigantic organization that’s out to muzzle perceived
competitions in a world wide enough for innovations!
