[ 2015-11-28 ]

Rex Omar wins first round court case against Joy Dadi bitters
A Koforidua High Court has granted an
interlocutory injunction restraining Joy
Industries Limited from using any part of Rex
Omar’s song “Da da di da” to
promote or advertise its product, Joy Dadi
bitters. The court also ordered that the
company’s directors, officers, agents and
servants should immediately stop any electronic
media from playing their commercial with any part
of Rex Omar’s work pending the final
determination of a copyrights action filed against
the company by the musician. The court asked the
company to pay Rex Omar GHc1,000 as costs for
filing the application.

Rex Omar sued Joy Industries limited on June 15,
2015 for using his song to advertise their product
without his authorization saying it thus infringes
on his copyrights. Rex Omar also applied for an
interlocutory injunction against the company to
restrain it from continuing to advertise its
product with his song. However, Joy Industries
represented by Mr. Francis E. Polley, entered
appearance and opposed the application.

In moving the application for injunction Rex
Omar’s lawyer, Miss Golda Denyo argued that
Joy Industries limited has infringed on Rex
Omar’s economic and moral rights by using
the song without his permission. In opposing the
application, Mr. Francis E. Polley argued that the
company had spent a lot of money on the
advertisement and that damages would be an
adequate compensation to Rex Omar.

Meanwhile, the court on Friday, November 27 upheld
the interlocutory injunction sought by Rex Omar.
The judge, Justice Barbara Ward Acquah, said Rex
Omar’s application and claims raises
serious issues for trial by the court. She also
said that the moral rights are real and can be
protected adding that the moral rights cannot be
put on a scale in comparison with money. Per the
ruling, all electronic advertisements of Joy Dadi
Bitters which have Rex Omar’s song are to
seize with immediate effect.

Source - Citifmonline

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