UDS sued for alleged intellectual property infringement

A Tamale-based youth-focused non-governmental organisation, has filed a lawsuit at the High Court in Tamale against the University for Development Studies (UDS) for allegedly claiming ownership of its intellectual property—the Dance for Education Group.

The NGO, Tudu Center for Leadership and Development, is seeking a declaration that UDS has engaged in reverse passing off by falsely presenting the Dance for Education Group as the "UDS Dance Ensemble" in both internal and public communications, thereby misleading the public and appropriating the goodwill built by the plaintiff over years of investment and training.

The , NGO claims that the Dance for Education Group was established in 2022 by it as an innovative cultural initiative aimed at promoting educational awareness among youth in the Choggu and Wurishe communities in Tamale. 

The group, which currently comprises around 40 trained dancers, has gained a reputation as one of the premier cultural dance troupes in northern Ghana, performing at various public events including university ceremonies.

The plaintiff claims that in February 2024, UDS, through its Department of Theatre and Performing Arts, invited the group to perform at one of its events.

Following this performance, the university allegedly began referring to the group as the “UDS Dance Ensemble,” a move the plaintiff describes as a deliberate attempt to mislead the public and claim ownership of the group’s intellectual and creative concept.

The Tudu Center further asserts that after confronting the university about the misrepresentation, the Head of the Department of Theatre and Performing Arts acknowledged the error, issued an apology, and proposed a formal collaboration through a Memorandum of Understanding (MoU). 

The plaintiff claims that it submitted a draft MoU on September 3, 2024, but UDS allegedly failed to sign it.

Despite the absence of a signed agreement, UDS allegedly continued to use members of the Dance for Education Group for its events and even outsourced their performances to other institutions under the name “UDS Dance Ensemble” without the plaintiff’s consent.

 The plaintiff claims this has resulted in loss of income and reputation.

In its claim, the Tudu Center is asking the court to grant a declaration that the defendant had passed off in reverse the plaintiff’s property and/or service—Dance for Education Group.

It is therefore seeking an order of perpetual injunction restraining UDS, its agents, assigns, and privies from further describing or presenting the group as affiliated with or owned by the university.

Also, an order directing UDS to issue a written and public apology on three local radio stations nominated by the plaintiff and across all official UDS social media platforms.

Additionally, it wants damages, including punitive and exemplary damages, assessed at GH¢2 million, costs, including legal fees and any other reliefs the court deems appropriate.

The plaintiff further  maintains that the actions of UDS had deprived it of business opportunities, revenue, and the goodwill it has cultivated through years of hard work and financial investment.

The university is yet to file a response .