Nyl Moret-Mba DG of FlyGabon on the tarmac of Port Gentil airport on August 31, 2024 © Gabonactu.com
Just three days after its inaugural flight, FlyGabon, the new Gabonese air carrier, is the target of a complaint filed in early September before the Libreville court by two Gabonese for usurpation of the commercial name of their company created with the same name in 2013.
The Gabonese nationals behind the complaint are Bruce Augoula and Mohamed Diarra Magniki. They claim ownership of the trademark “FlyGabon”.
According to the media Africa Intelligence which relayed this information, in their complaint, the plaintiffs are seeking to obtain from the Libreville court a “permanent injunction to cease the nuisances” linked to the abusive use of “their” brand.
Failing that, they are demanding a penalty payment of 150 million CFA francs per day. The two plaintiffs are relying on the airline of the same name, which no one has ever heard of and which has no aircraft but which they claim to have created in April 2013.
Their legal action, reports the online media, would follow the failure of negotiations started since the beginning of March at the initiative of the plaintiff. The latter would then have proposed to the Gabonese State to transfer the brand “FlyGabon” to it for an amount exceeding one billion CFA francs (approximately 1.5 million euros).
Only 10 years later, the ” airline ” of the two compatriots, underlines the online media, has still not obtained its CTA (air carrier certificate), essential to start its commercial operations and therefore it has never been effectively exploited.
According to concordant sources, the transitional government has promised to react firmly on this issue.
However, a senior official from the Ministry of Transport, well aware of the matter, did not fail to point out some inconsistencies.
« Fly Gabon is a registered trademark, not theirs. They have never been an airline. They have never obtained a CTA. Their website is flygabonsa not flygabon.com or FlyGabon.online that we bought on the market. And on top of that, they are not even up to date with their ANPI obligations “, underlines this source close to the case.
And to emphasize: ” Rather than torpedoing the CTRI’s life-saving action and allowing thousands of Gabonese to have a new tool of sovereignty, our two compatriots should bring their experience to the service of the national flagship. Claiming hundreds of millions of francs from a company that is only taking these first steps is truly unpatriotic in my humble opinion. It also remains to be seen whether the plaintiffs have obtained authorization from the competent authorities to claim a right to the term “Gabon ».
Source : Directinfosgabon.com
2024-09-05 21:25:50
#FlyGabon #attacked #court #Gabonese #usurpation #commercial
Table of Contents
Introduction
Just three days after its highly anticipated inaugural flight, FlyGabon, the new air carrier in Gabon, has found itself embroiled in a legal dispute. A complaint was filed in early September at the Libreville court by two Gabonese nationals, Bruce Augoula and Mohamed Diarra Magniki, who claim ownership of the “FlyGabon” trademark. This legal drama raises several questions about brand ownership, trademark rights, and the future of Gabon’s aviation sector.
The Background: Who is FlyGabon?
Launched to bolster national pride and improve connectivity, FlyGabon is a new player in the Gabonese airline industry. The airline aims to provide essential air travel services in the region, encouraging tourism and business within Gabon. This initiative comes at a time when the country is looking to strengthen its infrastructure and contribute positively to its economy.
The Legal Complaint: Who Claims the Name?
In their complaint, Augoula and Magniki assert that they created a company called “FlyGabon” back in 2013. Despite never having operated a flight or obtained an air carrier certificate (CTA), they claim rights over the name and are seeking a permanent injunction to cease what they describe as “nuisances” stemming from the airline’s use of their brand. Their demands also include a staggering penalty payment of 150 million CFA francs per day, should the court rule against them.
The Disputed Trademark
The plaintiffs assert that their version of “FlyGabon” was established as a trademark, but little evidence has been presented to show active commercial operation under that name. In contrast, FlyGabon, the airline, has officially registered the trademark and is pursuing legitimate operations, presenting a challenge for the plaintiffs who seem to lack the operational background needed to substantiate their claims.
Neglected Negotiations
Reports suggest that Bruce Augoula and Mohamed Diarra Magniki attempted to negotiate a deal earlier this year, proposing that the Gabonese state purchase their brand name for over one billion CFA francs (~1.5 million euros). Their offer indicates a financial interest that seems to overshadow their claims of national pride and entrepreneurship. However, negotiations ultimately broke down, leading to the current legal action.
Government’s Stance
The Gabonese transitional government has pledged to respond vigorously to this complaint, emphasizing the need for a functioning national airline to support their air transport goals. A senior official in the Ministry of Transport has pointed out inconsistencies in the plaintiffs’ claims, reinforcing the argument that FlyGabon is a legally registered trademark and the plaintiffs have not fulfilled the necessary legal obligations to claim ownership. The official urged the plaintiffs to consider supporting the national airline rather than obstructing progress.
The Way Forward
As FlyGabon embarks on its journey to establish itself in the competitive aviation market, the outcome of this legal battle could significantly impact its operations. Should the court rule in favor of Augoula and Magniki, FlyGabon may face considerable financial burdens that could derail its nascent efforts. Conversely, a ruling in favor of the airline could pave the way for a more stable aviation landscape in Gabon.
The Importance of Brand Integrity
For FlyGabon to safeguard its operations, it’s crucial that it not only focuses on legal battles but also on building a reputable brand. Positive customer service, effective marketing strategies, and community engagement will play essential roles in securing consumer confidence and loyalty.
Conclusion
FlyGabon’s launch and subsequent legal challenges reflect the complexities faced by new businesses in emerging markets, particularly in sectors like aviation. As the court proceedings unfold, both the airline and the plaintiffs are now under scrutiny. Gabonese nationals keen on seeing their country thrive in the aviation industry will be closely watching the developments. The resolution of this legal dispute could either pave the way for FlyGabon to expand its operations or serve as a cautionary tale about the nuances of trademark legislation in a burgeoning market.
Keywords: FlyGabon, Gabon airline, legal dispute, trademark complaint, Bruce Augoula, Mohamed Diarra Magniki, aviation in Gabon, air carrier certificate, Gabonese transport, brand integrity, Gabon news.