In Walls and Gates Ltd & Anor v. MTN Nigeria Communications PLC, the Plaintiffs sued MTN Nigeria Communications PLC alleging that MTN unlawfully used their “20 For 20” promotional proposal in its 20th anniversary campaign. They framed their claims around copyright, confidentiality, and trademark infringement (the latter of which was ultimately abandoned).
In its decision, the Court dismissed the suit in its entirety. It held that there was no enforceable obligation of confidentiality, as the Plaintiffs had already disclosed the proposal publicly, including through submissions to the Nigerian Copyright Commission and other entities, and there was no contractual or fiduciary relationship between the parties.
On copyright, the Court delivered a decisive holding: the Plaintiffs’ proposal was merely a business idea or promotional concept, not a protectable work. Phrases such as “20 for 20” or “20 cars to be won” were deemed generic and lacking the originality or creative expression required for copyright protection. Crucially, the Court reaffirmed that copyright protects expression, not ideas, and that registration with the Nigerian Copyright Commission does not create or confer copyright, but merely evidences a claim. There was also no proof that MTN had access to or copied any protectable expression, and its campaign was found to be independently developed.
The decision reinforces settled principles of intellectual property law: copyright does not extend to abstract ideas, marketing concepts, or commonplace phrases, but only to original expression fixed in a protectable form. The judgment also underscores the importance of establishing clear confidentiality obligations where proprietary business proposals are shared. For businesses, creators, and innovators alike, the case serves as a timely reminder that intellectual property protection depends not merely on registration or disclosure, but on the nature of the work itself and the legal framework governing its use.
This is an excerpt of our article published on Mondaq titled, The Evidentiary Threshold in Copyright Litigation: A Strategic Guide for Lawyers and Creatives.