Konga May Slam Wakanow With Encroachment Law Suit
Following customers pressure to charge online comptitor to court for passing off on its brand; Konga Travel and Tour, the firm may go ahead and slam Wakanow soon.
Wakanow had deployed an online ad which clearly has Konga Travel stated but which, when clicked, re-directs to the Wakanow website. The ad which had succeeded in luring unsuspecting customers of Konga Travel to the Wakanow website has drawn the ire of a number of Nigerians; many of whom have urged Konga Travel to sue Wakanow for the deception.
A cursory Google search of the name – Konga Travel – brings up a number of search results. However, the first one reads as follows: Konga Travel | Wakanow has the best deals | wakanow.com
According to a lawyer, Ibe Okafor, this is a clear case of passing off and Konga Travel needs to take Wakanow to court for the deception and demand hefty damages.
“The law of passing off prevents one trader from misrepresenting goods or services as being the goods and services of another, and also prevents a trader from holding out his or her goods or services as having some association or connection with another when this is not true. This is an open and shut case of passing off.
“’The offence of passing off is both a common law and statutory remedy in Nigeria as it is statutorily supported by Section 3 of the Trademarks Act. Konga Travel should institute a suit immediately and demand huge damages against Wakanow,’’ he advised.