Why is Oga Sabinus Suing Peak and Gala; What Happened

Popular comedian and skit maker Oga Sabinus also known as Mr. Funny, is set to sue popular milk producers Peak and Gala.
The two corporations had used the comedian’s intellectual property in advertisements for their products without informing him or obtaining his permission.
Mr. Funny’s legal team stated that the Gala company used his animated graphic to market their products and Peak, his line “something hooge” while gala used his animated picture to develop advertisements to promote their products without contacting him or asking for his consent.

Peak Company has been sued for 1 billion naira, while Gala Company has been sued for 100 million naira.
Trade mark distinguishes the source of goods of a party from others in the business, it includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral or any combination thereof.
In Nigeria there is no extant law on registration of service marks. Trademark must relate to goods under Nigerian law. He’d have a case if he sues under passing off but not under trademark because he renders service and doesn’t sell goods
The ‘Something hooge’ brand cannot be registered as a trademark, maybe it can be registered as a service mark but there is no legal protection for service mark in Nigeria since the 2007 regulations under which they are registered is ultra vires, for exceeding the principal acts under which they were made. Since service marks are not protected he has no cause of action and therefore will most likely lose if he sues for infringement of intellectual property.