Mboho Mkparawa Ibibio v. Okon - Third Amended Complaint PDF

Case 4:12-cv-02363 Document 266 Filed in TXSD on 03/01/16 Page 1 of 38
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
MBOHO MKPARAWA IBIBIO USA,
INC.; MBOHO MKPARAWA IBIBIO;
MAURICE E. EKWO,
INDIVIVIDUALLY, AS IMMEDIATE
PAST HIGH COMMISSIONER AND
AGENT OF MBOHO MKPARAWA
IBIBIO/MBOHO MKPARAWA
IBIBIO USA, INC.; ESSIEN ISONG,
INDIVIDUALLY AND AS
DIRECTOR OF MBOHO
MKPARAWA IBIBIO USA, INC.;
GODWIN EKPENE (DECEASED),
INDIVIDUALLY; AND GODWIN
EKPENE AS DIRECTOR, COINCORPORATOR AND DEPUTY
HIGH COMMISSIONER OF MBOHO
MKPARAWA IBIBIO /MBOHO
MKPARAWA IBIBIO USA, INC.
Plaintiffs,
V.
SYLVANUS OKON A/K/A
SYLVANUS EDET OKON, JOSEPH
D. IBOKETTE, DR. MACARTAN
"MAC" UKPONG, EFFIONG EYO
MBABA, EMMANUEL ISONG AND
IBOK ESEMA
Defendants.
CIVIL ACTION NO.

12-CV-2363
JURY DEMAND
PLAINTIFFS' THIRD AMENDED COMPLAINT &

APPLICATION FOR INJUNCTIVE RELIEF
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COME MBOHO MKPARAWA IBIBIO, MBOHO MKPARAWA IBIBIO USA,
INC., MAURICE E. EKWO, ESSIEN ISONG and GODWIN EKPENE (Deceased), hereinafter
1
called Plaintiffs, complaining of and about SYLVANUS OKON A/K/A SYLVANUS EDET OKON,
JOSEPH D. IBOKETTE, DR. MACARTAN "MAC" UKPONG, EFFIONG EYO MBABA,
EMMANUEL J. ISONG and IBOK ESEMA, hereinafter called Defendants.
NATURE OF THE ACTION
1.
Plaintiffs sue Defendants for violation of the Lanham Trademark Act, 15 U.S.C.A.
1051 Et Seq., and as protected under such treaties as the Paris Convention for the Protection of
Industrial Property; Copyright Act Of 1976, 17 U.S.C.A. 101-810 And 1001-1010), and as
protected under the Berne Convention for the Protection of Literary and Artistic Works; Common
Law Trademark Infringement; Common Law Copyright Infringement; Breach of Fiduciary Duty;
Fraud; Conversion; Tortuous Interference with Existing Contract, damages, and injunctive relief.
Plaintiffs further seek the Courts assistance to end a dispute and remove uncertainty that has arisen
as a result of Defendants appropriation of, and challenge to Plaintiffs right to use the trade name
Mboho Mkparawa Ibibio USA, Inc., Mboho Mkparawa, Mboho Mkparawa Ibibio, MMI or MMI
USA, Inc., Uniforms, Logo, and Motto which Plaintiffs have been using in connection with
charitable activities worldwide.
PARTIES AND SERVICE
2.
Plaintiff, MBOHO MKPARAWA IBIBIO, a foreign nonprofit organization
incorporated under Nigerian law, is an Individual whose United States address is C/o Maurice E.
Ekwo, 6300 Hillcroft Street, Suite 519, Houston, Texas 77081.
3.
Plaintiff, MBOHO MKPARAWA IBIBIO USA, INC., a subsidiary of MBOHO
MKPARAWA IBIBIO, registered in Texas, is an Individual whose address is C/o Akparawa-anwan

(Dr.) Obot J. Ekwere, 3530 Green Crest Dr., #615, Houston, TX 77082.
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4.
Plaintiff, Dr. MAURICE E. EKWO, an Individual, Immediate Past High
Commissioner, whose address is 6300 Hillcroft Street, Suite 519, Houston, Texas 77081.
5.
Plaintiff, MAURICE E. EKWO, an Immediate Past High Commissioner and Agent of
Mboho Mkparawa Ibibio and Mboho Mkparawa Ibibio USA, Inc. whose address is 6300 Hillcroft
Street, Suite 519, Houston, Texas 77081.
6.
Plaintiff, ESSIEN ISONG, an Individual whose address is 14906 Westpark Dr.
#1224, Houston, TX 77082.

7.
Plaintiff, ESSIEN ISONG, a Director and a Member of the Central Working
Committee of Mboho Mkparawa Ibibio USA, Inc. whose address is 14906 Westpark Dr. #1224,
Houston, TX 77082. As a result of the relationship between Mboho Mkparawa Ibibio and Mboho
Mkparawa Ibibio USA, Inc., Mr. Isong transferred his membership from Mboho Mkparawa Ibibio in
Nigeria to its USAs Zone/Chapter, Mboho Mkparawa Ibibio USA, Inc., in the United States. Dkt.
No. 155-37 pg 6.
8.
Plaintiff, GODWIN EKPENE (Deceased), an Individual whose address was 8353
Emerald Lane West, Westland, MI 48185.

9.
Plaintiff, GODWIN EKPENE (Deceased), a Director, Co-Incorporator and Deputy
High Commissioner of Mboho Mkparawa Ibibio and Mboho Mkparawa Ibibio USA, Inc. whose
address was 8353 Emerald Lane West, Westland, MI 48185.
10.
Defendant SYLVANUS OKON A/K/A SYLVANUS EDET OKON is a citizen of the
State of Texas, who resides at 75 Big Trl, Missouri City, TX 77459. Said Defendant may be served
by serving his attorney of record, Justice B. Adjei, at 8700 Long Point Rd., Suite 110, Houston, TX
77055.
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11.
Defendant JOSEPH D. IBOKETTE is a citizen of the State of Texas, who resides at
629 West Heritage Dr., Tyler, TX 75703. Said Defendant may be served by serving his attorney of
record, Justice B. Adjei, at 8700 Long Point Rd., Suite 110, Houston, TX 77055.
12.
Defendant DR. MACARTAN "MAC" UKPONG is a citizen of the State of Texas,
who resides at 3114 Pine Heaven Rd., Tyler, TX 75703. Said Defendant may be served by serving
his attorney of record, Justice B. Adjei, at 8700 Long Point Rd., Suite 110, Houston, TX 77055.
13.
Defendant EFFIONG EYO MBABA is a citizen of the State of Georgia who resides
at 706 Millstone Dr., Jonesboro, GA 30238. Said Defendant may be served by serving his attorney
of record, Justice B. Adjei, at 8700 Long Point Rd., Suite 110, Houston, TX 77055.
14.
Defendant EMMANUEL ISONG is a citizen of the District of Columbia who resides
at 3000 Connecticut NW Ave, Washington DC 20008. Said Defendant may be served by serving his
attorney of record, Justice B. Adjei, at 8700 Long Point Rd., Suite 110, Houston, TX 77055.
15.
Defendant IBOK ESEMA is a citizen of the State of Maryland, who resides at 1526
Claridge Rd., Gwynn Oak, MD 21207. Said Defendant may be served by serving his attorney of
record, Justice B. Adjei, at 8700 Long Point Rd., Suite 110, Houston, TX 77055.
JURISDICTION AND VENUE
16.
This Court has exclusive subject matter jurisdiction over this action under 28 U.S.C.
1331, insofar as it raises questions under the law and treaties of the United States and subject matter
jurisdiction under 28 U.S.C. 1338 insofar as it raises questions under trademarks, Paris
Convention, Copyrights, Berne Convention and Unfair Competition.
17.
This Court has supplemental subject matter jurisdiction over the state claims in this
action pursuant to 28 U.S.C. 1367(a) as these state claims form part of the same case and/or
controversy as the federal counts in this action.
18.
This Court has personal general jurisdiction, in accordance with traditional notions of
fair play and substantial justice, over Defendants because of Defendants' substantial and continuous
contacts with the forum state.
19.
This District is the proper venue for this proceeding pursuant to 28 U.S.C. 1391 and
28 U.S.C. 1400. Mboho Mkparawa Ibibio maintains its U.S. headquarters in this district and
Defendant SYLVANUS OKON A/K/A SYLVANUS EDET OKON resides in this district.
FACTS
Undisputed
20.
Mboho Mkparawa Ibibio is a socio cultural organization of Ibibio youths founded in
1987 in Akwa Ibom State, Nigeria to enhance unity and promote Ibibio culture, traditions and dignity
all over the world. Exhibit 1 attached and incorporated here by reference - Okons Dep. 58:1317, 68:9-11; also see Dkt. No. 155-7 pgs 2-3 (Who We Are); Dkt. No. 155-7 pg 2-3
(Registration with the Corporate Affairs).
21.
It was later inaugurated/established in the United States in 2005, by the then National
or International President, Akparawa (Obong) Prince Godwin Ntuk Udeh, from the Head Quarters in
Nigeria. Dkt. No. 155-1 pg 9 (Assumed Name Certificate); also see Dkt. No. 155-11 pg 2
(Address by Defendants, SYLVANUS OKON a/k/a SYLVANUS EDET OKON, High
Commissioner of Mboho Mkparawa Ibibio, USA, INC. at the 2008 Annual Convention); Dkt.
No. 155-15 pg 8 (Address by Defendants, SYLVANUS OKON a/k/a SYLVANUS EDET
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OKON, High Commissioner of Mboho Mkparawa Ibibio, USA, INC. at the 2009 Annual
Convention); Dkt. No. 155-18 pg 5 (Address by Defendants, SYLVANUS OKON a/k/a
SYLVANUS EDET OKON, High Commissioner of Mboho Mkparawa Ibibio, USA, INC. at
the 2010 Annual Convention); Dkt. No. 155-21 pg 5 (History of Mboho Mkparawa Ibibio);
Dkt. No. 155-21 pg 10 (Address by Defendants, SYLVANUS OKON a/k/a SYLVANUS EDET
OKON, High Commissioner of Mboho Mkparawa Ibibio, USA, INC. at the 2011 Annual
Convention); Dkt. No. 155-34 pg 5 (Defendants Notice of Reconstruction and Election of
Interim National Executive Officer to All Members Dated September 19, 2011); Dkt. No. 15534 pg 9(Expulsion Letter issued to Defendants on December 19, 2011); Dkt. No. 155-35 pg 13
(Defendants Notice of Separation published in the Nigerian Newspaper); Also see Dkt. No.
155-41 pg 17 (Houstons Chapter Chairman, Dr. Ita Udeobongs Report at the Chapters
Meeting held on June 6, 2009); Okons Dep. 58:21-24; 68:9-11; Exhibit 2 - Ekwos Dep. 33:1234:10.
22.
All aspiring members, including all defendants, went through 3 months of observation
at the meeting and completed Membership Application just like those completed by Defendants
SYLVANUS OKON A/K/A SYLVANUS EDET OKON and EFIONG EYO MBABA. Dkt. No.
155-44 pgs. 6-7; Okons Dep. 120:20-122:24; and once admitted as members, all members will be
administered an oath of membership. Dkt. No. 155-44 pgs. 12-14 (Defendants SYLVANUS
OKON a/k/a SYLVANUS EDET OKON and EFIONG EYO MBABAs Oath of Membership
into Mboho Mkparawa Ibibio).
23.
The initial Members in the United State were officially inducted by the then
National/International President, from Nigeria, in 2005. See Dkt. No. 155-9 pg 2 and Exhibit 3
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(Press Release by Defendant, Ibok Esema, then PRO) attached and incorporated here by
reference; Okons Dep. 58:21-24; 68:9-11; 117:23-118:11; and Defendants, SYLVANUS OKON
a/k/a SYLVANUS EDET OKON and IBOK ESEMA were two of the initial appointed officers of
Mboho Mkparawa Ibibio, as Vice Chairman and Public Relations Officer respectively.
24.
After the Induction, Defendant, SYLVANUS OKON a/k/a SYLVANUS EDET
OKON was Appointed High Commissioner to Lead the United States Zone in 2006. Okons Dep.
123:10-16; See Dkt. No. 155-36 pg 13 (Letter of Initial Appointment of Defendant, SYLVANUS
OKON a/k/a SYLVANUS EDET OKON, as the High Commissioner date February 10, 2006).
He was reappointed the second time in 2006, and a third time in 2010, thereafter. See Dkt. No. 15539 pg 5 (Letter of Reappointment of Defendant, SYLVANUS OKON a/k/a SYLVANUS EDET
OKON, as the High Commissioner date September 12, 2006) and Exhibit 4 attached and
incorporated here by reference (Letter of Reappointment of Defendant, SYLVANUS OKON
a/k/a SYLVANUS EDET OKON, as the High Commissioner date August 2, 2010). At no time
during these appointments did SYLVANUS OKON a/k/a SYLVANUS EDET OKON refuse or
objected to those appointments.
25.
Since 2005, Mboho Mkparawa Ibibio and Mboho Mkparawa Ibibio, USA, INC. has
been working together; and Mboho Mkparawa Ibibio, USA, INC. is an offspring/subsidiary of the
Nigerian based Organization, Mboho Mkparawa Ibibio. Okons Dep. 27:22-25, 71:12-13, 91:2493:6, 98:12-14, 102:10-13, 128:14-19, 145:22-146:4, 154:6-9, 156:12-157:6.
26.
Mr. Okon, as the High Commissioner of the Organization in USA, was authorized to
co-ordinate the activities of the Mboho Chapters on the National/International Presidents behalf in
special Zones as may be designated by the Central Working Committee which included
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incorporating the Organization as a non-profit Organization in the USA pursuant the U.S. Laws
and establish as many U.S. Chapters as possible in the United States. See Dkt. No. 153-33; Dkt.
No. 155-6 pg 1 (2007 Constitution & Bylaw of Mboho Mkparawa Ibibio USA, Inc); Dkt. No.
155-3 pgs 2-3 (Pre 2007 Constitution of Mboho Mkparawa Ibibio and Mboho Mkparawa
Ibibio USA, Inc); Dkt. No. 155-36; Exhibit 4; Exhibit 5 (Composition and Duties Of Mboho High
Commissions) attached and incorporated here by reference.
27.
In 2006, Mr. SYLVANUS OKON a/k/a SYLVANUS EDET OKON amongst
other incorporator, including one of the Plaintiffs, Godwin Ekpene, who is currently deceased,
as an agent of the Organization, did incorporate the Organization, Mboho Mkparawa Ibibio,
in Texas as Mboho Mkparawa Ibibio USA, Inc. See Dkt. No. 155-33 pg 17 (Article of
Incorporation), and Okons Dep. 22:23-23:6. Mboho Mkparawa Ibibio USA, Inc. is also
registered with the IRS as a 501(c)(3) Organization. Okons Dep. 82:8-17.
28.
Plaintiffs and Defendants were members of the same organization, Mboho Mkparawa
Ibibio USA, Inc., a subsidiary of Mboho Mkparawa Ibibio until 2011; Okons Dep. 41:16-42:11;
Dkt. No. 155-11 pg 4; Dkt. No. 155-11 pg 13; Dkt. No. 155-12 pg 2; Dkt. No. 155-12 pg 11-13;
Dkt. No. 155-14 pg 8; Dkt. No. 155-15 pg 7; Dkt. No. 155-15 pg 9-13; Dkt. No. 155-16 pg 1-2;
Dkt. No. 155-18 pg 9-13; Dkt. No. 155-20 pg 11; Dkt. No. 155-21 pg 11-13; Dkt. No. 155-21 pg
13; Dkt. No. 155-22 pg 1-6.
29.
As of 2010, Late Plaintiff, Godwin Ekpene and Plaintiff, Essien Isong were two of the
directors of Mboho Mkparawa Ibibio USA, Inc. along with Defendants, SYLVANUS OKON a/k/a
SYLVANUS EDET OKON, Dr. MaCartan O. Ukpong. Okons Dep. 23:23-26:8; Dkt. No. 155-33
pg 25 and 155-34 pg 1.
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30.
Since It was founded in 1987, its Motto and Logo had always been the same, oneness
for service. Okons Dep. 63:1-15 and almost all document in Dkt. No. 155.
31.
Prior to its establishment in the USA to this day, Mboho Mkparawa Ibibio had
created and maintained unique and distinctive: Name, Mboho Mkparawa Ibibio; Logo
containing "the sun with seven rays, an open book on top of two elephant tusks mounted on a
green manila with the inscription "oneness for service"; Motto, "Oneness for service" registered
under Nigeria Law; and Trade Dress, Formal Uniform: (A). Men - (a). Traditional Usobo, (b).
White Lace Chieftaincy (long tail and elbow length shirt) and (c). MMI Cap; (B). Women - (a).
'White Lace short sleeve blouse, (b). Complete Wrapper (Ndot Iba), (c). Big Red Headtie.
Informal Uniform: A) Men - (a). Black oblong cap beaded with Mboho logo, (b). White Lace
Chieftaincy (long tail and elbow length shirt), (c). Black Pant; (B) Women - (a) White Lace
Caftan, (b) Black and Gold Head tie. The Registration is valid and is in full force, and has become
incontestable. Plaintiffs have adopted and used the Name, Logo, Motto, and Dress on or after the
inception of the Organization in Nigeria; and the Name, Logo, Motto, and Dress has become
distinctive or inherently distinctive. This was well established in the Parent Organizations
Constitution in Part 1, Section 1-3 and Part 4, Section 18. Dkt. No. 155-2 pgs 2-3, 155-3 pgs 12-13
(Mboho Mkparawa Ibibios Constitution in Part 1, Section 1-3 and Part 4, Section 18); also see
Dkt. No. 155-5 pgs 2, 155-6 pgs 9-10 (Mboho Mkparawa Ibibio, USA, Inc.s Constitution and
By-Laws, Article 1 and article 23); Ekwos Dep. 61:5-24, 62:2-9, 62:12-25, 63:1-64:5.
32.
Defendants finally decided to separate or split from the Organization in November
2011. Exhibit 6 (Letter from a member of the Board of Trustee of Mboho Mkparawa Ibibio
USA, INC.) attached and incorporated here by reference; Dkt. No. 155-34 pg 6 (Defendants
9
Notice of Reconstruction and Election of Interim National Executive Officer to All Members
Dated September 19, 2011); Dkt. No. 155-35 pg 13(Defendants Notice of Separation published
in the Nigerian Newspaper); Dkt. No. 155-34 pg 14 (Claimants Notice of Disclaimer of
Defendant, SYLVANUS OKON a/k/a SYLVANUS EDET OKON published on November 27,
2011).
33.
Defendant, SYLVANUS OKON a/k/a SYLVANUS EDET OKON, wants to be a
President of this great Organization for life. Okons Dep. 215:9-11 and will say anything, true or
false to convince people or make them happy and support him. Id. at 149:12-21.
Disputed
34.
The 2007 Bylaws, wrongly named as Constitution and By-Laws adopted for Mboho
Mkparawa Ibibio, USA, INC. was approved by the International President, Akparawa (Obong)
Prince Godwin Ntuk Udeh. Dkt. No. 155-45 pg 7; Dkt. No. 155-5 pg 24; and Okons Dep. 84:1318., to be used as a subsidiary of MBOHO MKPARAWA IBIBIO and not as a separate
Organization; however, the provision of the parents constitution prevails over any chapters bylaw
and/or Constitution & Bylaws, where there is a conflict.
35.
Mboho Mkparawa Ibibio was first established in Houston, Texas, United
States as MBOHO MKPARAWA IBIBIO - HOUSTON CHAPTER by OFFONMBUK U.

ESHIETT, ANIEKAN TIM UMOETTE, and UDUAK VICTOR ESHIET, in 2005 as an
unincorporated Association. Dkt. No. 155-1 pg 9 (Assumed Name Certificate); also see Dkt. No.
155-11 pg 2 (Address by Defendants, SYLVANUS OKON a/k/a SYLVANUS EDET OKON,
High Commissioner of Mboho Mkparawa Ibibio, USA, INC. at the 2008 Annual Convention);
Dkt. No. 155-34 pg 5(Defendants Notice of Reconstruction and Election of Interim National
10
Executive Officer to All Members Dated September 19, 2011); Dkt. No. 155-34 pg 9 (Expulsion
Letter issued to Defendants on December 19, 2011); Dkt. No. 155-35 pg 13 (Defendants Notice
of Separation published in the Nigerian Newspaper). The then sitting National/International
President, Akparawa (Prince) Godwin Ntuk Udeh from the International Headquarter in Uyo, Nigeria
was the inaugurator of Mboho Mkparawa Ibibio, now known as Mboho Mkparawa Ibibio USA, Inc,
in the United States. See Dkt. No. 155-41 pg 17 (Houstons Chapter Chairman, Dr. Ita
Udeobongs Report at the Chapters Meeting held on June 6, 2009).
36.
Since the inception of MBOHO MKPARAWA IBIBIO, there has only been one
President, sometimes called National or International President, for the entire Organization
worldwide; the President then appoints leaders, known as High Commissioner, to lead the respective
Zones/Chapters pursuant to the Constitution and supervised by him; the Zone consists of Chapters,
which are lead by Chairmen.
37.
Defendant, SYLVANUS OKON a/k/a SYLVANUS EDET OKON and his Co-
Defendants served for about two (2) to six (6) years until October 2011, when his term ended, when
they decided to separate from the Organization without handing over the Organizations properties to
newly appointed officers. See Exhibit 6; Dkt. No. 155-34 pg 6 (Defendants Notice of
Reconstruction and Election of Interim National Executive Officer to All Members Dated
September 19, 2011); Dkt. No. 155-35 pg 13(Defendants Notice of Separation published in the
Nigerian Newspaper); Dkt. No. 155-34 pg 14 (Claimants Notice of Disclaimer of Defendant,
SYLVANUS OKON a/k/a SYLVANUS EDET OKON published on November 27, 2011).
38.
Since the inception of the Organization in the United States, as a Zone and a
subsidiary of the Parent Organization, the Organization has adopted and used the same Logo, Motto,
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Uniform/Trade Dress and Name; and is explicitly delineated in the United States version of the
Constitution in article 1 and 23. See Dkt. No. 155-5 pgs 2, 155-6 pgs 9-10 (Mboho Mkparawa
Ibibio, USA, Inc.s Constitution and By-Laws, Article 1 and article 23).
39.
Mboho Mkparawa Ibibio, since its establishment in 1987 as seen and used in almost
all documents, had adopted a unique, distinctive and prestigious title for its members, Akparawa
for Men and Akparawa-anwan for women.
40.
The Plaintiffs are the owner and/or assignee of the Name, Mboho Mkparawa Ibibio
and Mboho Mkparawa Ibibio, USA, Inc.; Logo containing the sun with seven rays, an open book on
top of two elephant tusks mounted on a green manila with the inscription oneness for service;
Motto, Oneness for service registered under Nigeria Law; and Trade Dress, Formal Uniform: (A).
Men - (a). Traditional Usobo, (b). White Lace Chieftaincy (long tail and elbow length shirt) and (c).
MMI Cap; (B). Women - (a). White Lace short sleeve blouse, (b). Complete Wrapper (Ndot Iba),
(c). Big Red Headtie. Informal Uniform: A) Men - (a). Black oblong cap beaded with Mboho logo,
(b). White Lace Chieftaincy (long tail and elbow length shirt), (c). Black Pant; (B) Women - (a)
White Lace Caftan, (b) Black and Gold Head tie. The Registration is valid and is in full force, and
has become incontestable. Plaintiffs have adopted and used the Name, Logo, Motto, and Dress on or
after the inception of the Organization in Nigeria and the Name, Logo, Motto, and Dress have
become distinctive or inherently distinctive. Dkt. No. 155-2 pgs 2-3, 155-3 pgs 12-13 (Mboho
Mkparawa Ibibios Constitution in Part 1, Section 1-3 and Part 4, Section 18) and Dkt. No.
155-5 pgs 2, 155-6 pgs 9-10 (Mboho Mkparawa Ibibio, USA, Inc.s Constitution and ByLaws, Article 1 and article 23).
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Furthermore, the Name, Logo and Motto the designed service-mark of Plaintiffs, was duly
created and/or registered with the Nigerian Corporate affairs since the 1990s and has been in use
thereafter in all Zones as the Organization grows worldwide.
41.
Defendants had not only continued to use the Name, Motto, Logo, Uniform described
above, but are producing counterfeits/imitations to worsen the confusion and dilution already being
created by their acts and conducts. See Exhibit 7 (Plaintiffs Uniform, Logo and Name) and
Exhibit 8 (Defendants Uniform, Logo and Name) attached and incorporated here by
reference.
42.
Usually, the High Commissioner is appointed for a term of 4 years and can be re-
appointed for another term, unless removed pursuant to the constitution for cause; however, on or
about October 10, 2011, when Defendant, Mr. SYLVANUS OKON a/k/a SYLVANUS EDET
OKON was replaced by Dr. Maurice E. Ekwo pursuant to the Constitution, he refused to step down;
instead, he made away with the Organization's properties which include but not limited to funds in
financial institutions, Logo, Motto, Uniform/Trade Dress and Name. See Dkt. No. 155-34 pg 8
(Removal letter, removal of Mr. SYLVANUS OKON a/k/a SYLVANUS EDET OKON) and
Dkt. No. 155-46 pg 1-2
(Appointment letter, appointing Dr. Ekwo as the new High
Commission to replace Defendant).

43.
After his removal in 2011, Defendant, SYLVANUS OKON a/k/a SYLVANUS EDET
OKON, instead of handing over as required by the Constitution, see Dkt. No. 155-6 pgs 3-4 decided
to form an insurgency along with his co-Defendants JOSEPH IBOKETTE, DR. MACARTAN
"MAC" UKPONG, EFFIONG EYO MBABA, EMMANUEL ISONG and IBOK ESEMA taking
along with them amongst other properties of the Organization the names, logo, motto, trade dress,
13
bank accounts and website. It is worth noting that after the expulsion of Defendants from the
Organization, they did not appeal or protest their expulsion.
44.
Defendants, caused an article to be published in Concord news, a Nigerian News
paper that his group of insurgents are separating from the parent body in Nigeria in a coup fashion
without due process accorded to its members and in violation of the Organizations Constitution.
See Dkt. No. 155-36 pg 8-9 (Publication in Nigerian Newspaper regarding their separation).
By their acts and conducts, Defendants made away with the Organizations assets including but not
limited to the names, logo, motto, trade dress, bank accounts and website.
45.
On or about November 18, 2011, as a result of his continuous defiance, Defendant,
SYLVANUS OKON a/k/a SYLVANUS EDET OKON was expelled from the Organization and
ordered to return all Organizations properties to the new appointed High Commissioner, Dr.
Maurice E. Ekwo. Dkt. No. 155-46 pg 1 (Appointment letter, appointing Dr. Ekwo as the new
High Commission to replace Defendant) and replacement of SYLVANUS OKON a/k/a
SYLVANUS EDET OKON, Dkt. No. 155-46 pg 2; also see Dkt. No. 155-34 pgs 8, 10-15
(Removal and Expulsion letter of SYLVANUS OKON a/k/a SYLVANUS EDET OKON).
46.
On or about November 18, 2011, Co-Defendant, Joseph Ibokette was expelled from
the Organization and ordered to return all Organizations properties to the new appointed High
Commissioner, Dr. Maurice E. Ekwo. See Dkt. No. 155-34 pg. 17 (Expulsion letter to Joseph
Ibokette).
47.
On or about December 19, 2011 Co-Defendants, DR. MACARTAN "MAC"
UKPONG, EFFIONG EYO MBABA, EMMANUEL ISONG AND IBOK ESEMA were expelled,
along with other insurgents, from the Organization and ordered to return all Organizations
14
properties to the new appointed High Commissioner, Dr. Maurice E. Ekwo. See Dkt. No. 155-34
pgs 19-24 (Expulsion letter to Dr. Mac Ukpong and a host of other insurgents).
48.
Mr. Okon refused to step down and conspired with his Co-Defendants, Dr. Ukpong
and Mr. Ibokette to convene illegal meetings forming an independent body with the Organizations
properties under the same name and/or different variation of the same name, logo, motto and dress. It
was impossible for the Organization to file updated documents with the secretary of states, because
he immediately declared himself as the Interim National President, with the Co-conspirators as the
Treasurer and Secretary respectively. Dkt. No. 155-34 pg 5-6 (Restructuring Notice).
49.
Defendants, SYLVANUS OKON A/K/A SYLVANUS EDET OKON, JOSEPH
IBOKETTE, DR. MACARTAN "MAC" UKPONG, EFFIONG EYO MBABA, EMMANUEL

ISONG and IBOK ESEMA, have refused to hand over the assets of the Organization and
fraudulently converting the funds of Plaintiffs and are using these assets for their benefit in violation
of the constitution of the Organization, their oath of offices and/oath of allegiance.
50.
Defendants, since November 2011, without the Plaintiffs consent, began using and
continues to use the Funds, Logo, Motto, Name, Dress and website, to mention but a few of the
Organizations properties; or Plaintiffs registered mark in interstate commerce and Nigeria.
Specifically, Defendants continue to use Plaintiffs Name, Logo and Motto on their letterheads.
51.
On January 3, 2012, Plaintiff, Dr. Ekwo was duly authorized by the parent
organization to take legal action to recoup the assets of the Organization, thus, giving him the
Authority to institute this suit. Dkt. No. 155-46 pg 4 (Letter Authorizing Legal Action).
15
52.
As of January 27, 2012, the Organization had in excess of $37,000.00 at stake. See
Dkt. No. 155-40 pgs 10-11 (Letters from Chase Bank and Bank of America showing the
Organization Account Balance).
53.
Defendants have refused to provide or disclose any information and documents
regarding the Organizations bank account. Okons Dep. 106:11-107:4.

54.
Plaintiffs filed affidavits in support of this Complaint as Dkt. No. 28-6 pg 7-10 and
Exhibit 9(Affidavit of Godwin Ekpene (Deceased)), Exhibit 10 (Affidavit of Dr. Maurice E.

Ekwo) and Exhibit 11 (Affidavit of Essien Isong) attached and Incorporated here by reference.
55.
Defendants use of the Logo, Motto, name and dress will likely deceive or cause
confusion or mistake as to source or origin of the Organization in the mind of the people of
Ibibio and the community at large. The Defendants acts as set forth above constitute
infringement under the Lanham Act (15 U.S.C. 1114(1)), infringement under the Texas
Trademark Act (Tex. Bus. & Com. Code 16.26), or infringement under the United States is
the Copyright Act of 1976 (Copyright Act), 17 U.S.C.S. 101-1101, the Copyright Act, as
protected under the Berne Convention; the Section 43(a)(1)(A) of the Lanham Act [15 U.S.C.
1125(a)(1)(A)] and as protected under the Paris Convention. Defendants infringing actions
were committed willfully and without regard to Plaintiffs rights.
56.
The Lanham Trademark Act also provides that "Trade names or commercial names of
persons described in subsection (b) of this section shall be protected without the obligation of filing
or registration whether or not they form parts of marks." 15 U.S.C.A. 1126(g). A trademark need
not be registered in the United States in order for a Plaintiff to make a claim under the Lanham Act.
16
57.
Plaintiffs have produced ample evidence to support their position (Dkt. Nos. 28
and 155), whereas, Defendants have neither produced any credible evidence to controvert
Plaintiffs evidence nor support their position.
All references to Doc. Entries and Exhibits referenced herein are incorporated here by
reference for all purposes.
COUNT I
VIOLATION OF THE LANHAM TRADEMARK ACT, 15 U.S.C.A. 1051 et seq. AND
PARIS CONVENTION FOR THE PROTECTION OF INDUSTRIAL PROPERTY
58.
Plaintiffs re-allege and incorporate by reference the preceding paragraphs of this
Petition as set forth at length herein verbatim.

59.
The Plaintiffs, are, and at all times mentioned in this complaint has been, engaged in
the business of promoting events, programs and services that will bring progress to the community
members, of Akwa lbom State residing Nigeria, USA and throughout the World. The Plaintiffs are
the Owners of a mark consisting of the word "Mboho" with a shadow effect and the words
"Mkparawa Ibibio" to the Left of the wording appears a design consisting of a Horseshoe Shape with
the slogan "Oneness For Service" appearing in the Bottom Bell of the Horseshoe Shape with two
Crossed Elephant Tusks above the Horseshoe Shape and an Open Book appearing between the Tusks
with a partial Sun with Rays extending therefrom appearing behind and above the book registered
under Nigeria Law and used in the United States by Plaintiffs since May 2005. The English
Translation of "Mboho Mkparawa" in the Mark is "Unity, Young at Heart. The Mark is valid and is
in full.
17
Furthermore, Plaintiffs are owners of the design of the Formal Uniform: (A). Men - (a).
Traditional Usobo, (b). White Lace Chieftaincy (long tail and elbow length shirt) and (c). MMI Cap;
(B). Women - (a). 'White Lace short sleeve blouse, (b). Complete Wrapper (Ndot Iba), (c). Big Red
Headtie. Informal Uniform: A) Men - (a). Black oblong cap beaded with Mboho logo, (b).
White Lace Chieftaincy (long tail and elbow length shirt), (c). Black Pant; (B) Women - (a)
White Lace Caftan, (b) Black and Gold Head tie. The Registration is valid and is in full force, and
has become incontestable.
Plaintiffs have adopted and used the Name, Logo, Motto, and Dress on or after the inception
of the Organization in Nigeria and the Name, Logo, Motto, and Dress are suggestive, arbitrary and/or
fanciful and has become distinctive or inherently distinctive. Exhibit 2 - Ekwos Dep. 61:5- 64:5.
60.
The Defendant, on or after October 16, 2011, without the Plaintiffs consent, began
using and continues to use a reproduction, counterfeit, copy, or colorable imitation of Plaintiffs
mark in interstate commerce or in the United States in connection with selling, offering for sale, or
advertising of services or began and continues to reproduce, counterfeit, copy, or colorably imitate
the Plaintiffs mark and apply such reproduction, counterfeit, copy, or colorable imitation to
letterhead, signs, prints, wrappers, head-ties, or advertisements intended to be used in interstate
commerce or in Texas on or in connection with the sale, offering for sale, or advertising of services.
Specifically, using the name, logo, Uniform, Website to advertise and at conventions, on or about
October 16, 2011, and continuing to the present, the Defendant has used a mark throughout the
United States.
61.
The Defendants use of the mark is likely to deceive or cause confusion or mistake as
to source or origin of the Plaintiffs goods or services. The Defendants acts as set forth above
18
constitute trademark or service mark infringement under Section 32(1) of the Lanham Act (15 U.S.C.
1114(1)). Furthermore, Defendants' Conducts, and that of those in concert with them, violates the
laws of the United States, including the Lanham Act, 15 U.S.C. 1125. The conspirators' use of false
designations of origin, on and/or in connection with their services, and in commercial advertising or
promotion, violates the Lanham Act. Section 43(a) of the Lanham Act, 15 U.S.C. 1125(a) (1976).
The conspirators' use of Plaintiffs designs, trademarks, trade dress, brand names and other marks,
and copyrighted materials to facilitate their service violates the Lanham Act. All of such conducts are
likely to cause confusion, mistake or to deceive as to the affiliation, connection or association of the
conspirators with another person, or as to the origin, sponsorship, or approval of their goods or
services, and/or to misrepresent the nature, characteristics, qualities or geographic origin of their
goods or services. All of such conducts damaged Plaintiffs and continues to damage Plaintiffs, for
which damages Plaintiffs hereby sues to recover herein. All of such conducts was intentional and
malicious.
62.
Defendants use of Plaintiffs name, banners, logo, motto and dress are in violation of
the Lanham Trademark Act, 15 U.S.C.A. 1051 et seq., which provides that "(a)ny person whose
country of origin is a party to any convention or treaty relating to service marks, trade, or commercial
names, or the repression of unfair competition, to which the United States is also a party, or extends
reciprocal rights to nationals of the United States by law, shall be entitled to the benefits of this
section under the conditions expressed herein to the extent necessary to give effect to any provision
of such convention, treaty or reciprocal law, in addition to the rights to which any owner of a mark is
otherwise entitled by this chapter." Section 44(b) of the Lanham Act, 15 U.S.C. 1126(b) (1976).
19
The conduct of Defendants clearly constitutes unfair competition under the common law of
the State of Texas. As a direct and proximate result of the foregoing conduct by Defendants,
Plaintiffs was caused to suffer damages which it seeks to recover herein.
63.
Although Defendants have not produced any evidence of their registration of the
Organizations Name, Logo, Motto, and/or Uniform with the Texas Trademark Office, they want this
Court to believe that they have registered the organization in Texas, knowing this to be false.
Defendants are using Plaintiffs Trade Name and/or Trademarks, which is registered in Nigeria and
been in use since 1987, in violation of the Paris Convention for the Protection of Industrial Property
(hereinafter, the "Paris Convention"). Article 6bis(1) of the Convention provides that at the request
of an interested party, a country should undertake "to refuse or to cancel the registration, and prohibit
the use, of a trademark which constitutes a reproduction, an imitation, or a translation, liable to
create confusion, of a mark considered by the competent authority of the country of registration or
use to be well known in that country as being already the mark of a person entitled to the benefits of
this Convention and used for identical or similar goods. These provisions shall also apply when the
essential part of the mark constitutes a reproduction of any such well-known mark or an imitation
liable to create confusion there-with." In this case, the Marks are so unique to the Plaintiffs and
cannot be used or reproduced by any other organization in Nigeria except Plaintiffs. Therefore the
Plaintiffs are in serious violation of the Lanham Act.
Defendants have also consistently made false or misleading statements of fact about their
ownership of the Organization including Name, Logo, Motto, and/or Uniform, to mention but a few
of their claims; their claims or statement have deceived, continues to deceive or had the capacity to
deceive a substantial segment of potential members; the deceptions was material, in that they have
20
influenced, continue to influence or likely to influence the masses membership decisions; the deceits
are effective as to the services rendered by the organization which is in interstate commerce; and
Plaintiffs have been, continue to and is likely to be injured as a result of these false statement. 15
U.S.C. 1114(1)(a)
64.
Both the United States and Nigeria are signatories to the Paris Convention.
65.
Plaintiffs name, banners, logo, motto and dress are arbitrary, distinct and thus strong
and there are substantial similarity between the Plaintiffs marks such that the marks creates the same
overall impression in community, which has great impact on the likelihood of confusion. See the
Lanham Act, 15 U.S.C.S. 1125(a)
66.
Defendants have violated both international law and United States law by copying and
using the name, logo, motto, dress and Titles (which is registered and has been recognized as
belonging to MBOHO MKPARAWA IBIBIO under Nigerian law decades before the unauthorized
use of the name, motto, and logo in the United States) on their letterhead without authorization to
compete with Plaintiffs. . See Exhibits 7 (Plaintiffs Uniform, Logo and Name) and 8
(Defendants Uniform, Logo and Name).
67.
The actions of the Defendants have caused confusion amongst community members
by misleading the public as to the ownership and the origin of the Name, Logo, Motto and Dress, and
such confusion has injured the Trust.
68.
Despite repeated demands by Plaintiffs to cease unauthorized use of the MBOHO
MKPARAWA IBIBIO and/or MBOHO MKPARAWA IBIBIO, USA INC. name logo, motto and
dress, Defendants have adamantly continued to use the name and logo.
21
69.
The conduct and actions of Defendants represent a clear violation of both the Lanham
Trademark Act and the Paris Convention, which has caused Plaintiffs to sustain damages.
70.
Beginning at least as early as 1987, the Plaintiff adopted and used the mark or trade
name or trade dress described herein above in connection with its promoting events, programs and
services that will bring progress to the community members, of Akwa lbom State residing Nigeria,
USA and throughout the World., and the mark or trade name or trade dress has been used by the
Plaintiff continuously since that time. The Plaintiffs mark or trade name or trade dresses inherently
distinctive or has become distinctive of its services and has become a famous mark by virtue of
longstanding use, extensive advertising and publicity, and widespread recognition by consumers and
those in the trade, and has been exclusively used in connection with the above-described services.
The Plaintiffs mark or trade name or trade dress has been registered in Nigeria and used in the
United States since May 2005, which is/are valid and in full force.
71.
Since the Plaintiffs mark or trade name or trade dress has become famous, the
Defendant has begun using and is commercially using the mark or trade name or trade dress that
causes or has caused dilution of the distinctive quality of Plaintiffs famous mark. Accordingly, the
Defendants conduct constitutes dilution in violation of Section 43(c) of the Lanham Act (15 U.S.C.
1125(c)) and Texas Business and Commerce Code Section 16.103. The Defendants conduct was
carried out with knowledge of the existence of the Plaintiffs famous mark. The Defendants actions
as described above were willful and deliberate, were committed in bad faith, and were committed for
the purpose of trading on Plaintiffs reputation and causing dilution of Plaintiffs famous mark.
72.
In view of Plaintiffs prior use and prior common law rights to the Logo, Uniform, Mboho
Mkparawa Ibibio USA, Inc., Mboho Mkparawa, Mboho Mkparawa Ibibio, MMI or MMI USA, INC.
22
Service-Name to identify their organization and the Defendants actions as described herein,
Defendants use of the term Bubbas Logo, Uniform, Mboho Mkparawa Ibibio USA, Inc., Mboho
Mkparawa, Mboho Mkparawa Ibibio, MMI or MMI USA, INC. to identify a competing in the United
States, violates Section 43(a) of the Lanham Act, 15 U.S.C. 1125(a). Defendants infringing
actions are committed willfully and without regard to Plaintiffs rights. Defendants willful,
malicious, fraudulent and/or deliberate violation of the act qualifies this case as an exceptional case
for which Plaintiffs are entitled to attorneys fees and damages. Despite attempts to deter Defendants
from continuing infringement and a timely filing of this suit, Defendants continue their infringement
with intent to confuse or deceive the masses, divert sales or membership recruitment in a manner
that there are no adequacy remedies, (4) any unreasonable delay by the Plaintiff in asserting his
rights, and continues the palming off."
Therefore, Plaintiffs are entitled to:
(a)
its actual damages, including damages for loss of goodwill, and any profits resulting
from Defendants acts of unfair competition;
(b)
a permanent injunction prohibiting Defendants from any Service-Name or Servicemark containing the Logo, Motto, Mboho Mkparawa Ibibio USA, Inc., Mboho
Mkparawa, Mboho Mkparawa Ibibio, MMI or MMI USA, Inc. in their operation in
Texas and the United States at large;
(c)
exemplary damages, as set out below; and
(d)
Attorneys fees under 15 U.S.C. 1117(a).
COUNT II
23
VIOLATION OF THE COPYRIGHT ACT OF 1976, 17 U.S.C.A. 101-810 and

1001-1010), AND BERNE CONVENTION FOR THE PROTECTION OF
LITERARY AND ARTISTIC WORKS
73.

74.
The Berne Convention for the Protection of Literary and Artistic Works (hereinafter,
the "Berne Convention") Article 5(1) provides that "Authors shall enjoy, in respect of works for
which they are protected under this Convention, in countries of the Union other than the country of
origin, the rights which their respective laws do now or may hereafter grant to their nationals, as well
as the rights specifically granted by this Convention." The Berne Convention provides further that
"(t)he enjoyment and exercise of these rights shall not be subject to any formality; such enjoyment
and such exercise shall be independent of the existence of protection in the country of origin of the
work." Article 5(2).
Defendants may contend that they are not liable for copyright infringement because they own
the Name, Logo, Motto, and Dress. However, they came into possession of the Name, Logo, Motto,
and Dress while serving as Plaintiffs Officers, and they have not and cannot produce evidence to
their ownership or permission for continuous use after their expulsion from the Organization.
Although Plaintiffs demonstrated that they repeatedly asserted their copyright rights, Defendants
have repeatedly ignored Plaintiffs protected rights. Moreover, because Defendants continued to
infringe even after Plaintiffs filed this law suit, it clearly indicates a danger of continuous
infringement in the future. As such, Defendants is liable for copyright infringement because they
continued to infringe on Plaintiffs copyrights after Plaintiffs sued Defendants.
75.
Both the United States and Nigeria are signatories of the Berne Convention.
24
76.
The Copyright Act of 1976 (hereinafter, the "Copyright Act") extends copyright
protections in the United States to "pictorial, graphic" works. 17 U.S.C.A. 102(a)(5).

77.
The Copyright Act provides that a court may grant a temporary and/or a final
injunction in order to "prevent or restrain infringement of a copyright." 17 U.S.C.A. 502(a).

78.
The Copyright Act provides that a court may grant an order to impound and/or destroy
all copies which have been made or used in violation of the copyright, and all plates, molds,
matrices, masters, tapes, film negatives, or other articles by means of which such copies may be
reproduced. 17 U.S.C.A. 503.
79.
The Copyright Act also provides that a copyright infringer is liable to the copyright
owner for all actual damages and lost profits suffered as a result of the infringement, or said
copyright infringer is liable for statutory damages as provided by the Copyright Act, at the copyright
owner's option. 17 U.S.C.A. 504.
80.
The Copyright Act provides that the Court may allow for the recovery of full costs
and reasonable attorneys' fees against a copyright infringer. 17 U.S.C.A. 505.

81.
Defendants have violated both international law and United States law by copying and
using Plaintiffs name MBOHO MKPARAWA IBIBIO and/or MBOHO MKPARAWA IBIBIO,
USA, INC. and the original and creative Plaintiffs graphic logo and motto (which is registered and
has been recognized as belonging to Plaintiffs under Nigerian law decades before Defendants'
unauthorized use of the logo and motto) in manner inconsistent with Plaintiffs right including on
their letterhead without authorization.
25
82.
such confusion has injured Plaintiffs.
83.
Despite repeated demands by Plaintiffs to cease unauthorized use of the MBOHO
MKPARAWA IBIBIO Logo graphic, Motto, and Dress; Defendants have continued to use the logo
graphic, Motto, and Dress.
84.
The conduct and actions of Defendants represent a clear violation of both the
Copyright Act and the Berne Convention. Defendants infringing actions are committed willfully and
without regard to Plaintiffs rights.
COUNT III
COMMON LAW TRADEMARK INFRINGEMENT
85.

86.
All Defendants, based on their aforesaid conduct with respect to their unauthorized
and intentional use of the original and creative MBOHO MKPARAWA IBIBIO and/or MBOHO
MKPARAWA IBIBIO USA, INC. trademark logo in the identification of their letterhead, publicity
and distribution of newsletters, have created a likelihood of confusion or deception as to the origin of
the Organization.
87.
in the United States and abroad by misleading the people as to the ownership and the origin of the
Organization and such confusion have injured and continue to injure the Plaintiffs.
26
88.
Defendants actions as described have caused confusion in view of Plaintiffs prior
use and prior common law rights to use the Motto, Logo, Uniform, Mboho Mkparawa Ibibio USA,
Inc., Mboho Mkparawa, Mboho Mkparawa Ibibio, MMI or MMI USA, INC. as a Service-Name and
Mark identifying their operation in Texas and in the United States. Their use of the Motto, Logo,
Uniform, Mboho Mkparawa Ibibio USA, Inc., Mboho Mkparawa, Mboho Mkparawa Ibibio, MMI or
MMI USA, INC. as a Service-Name and Mark to designate a competing operation in Texas and
United States, infringes on the Plaintiffs common law rights to its Service-Name or Service-Mark.
Defendants infringing actions are committed willfully and without regard to Plaintiffs rights.
In the event a likelihood of confusion and infringement is found, Plaintiffs are entitled
to:
(a)
its actual damages, including damages for loss of goodwill, and any profits
resulting from Defendants infringement;
(b)
a permanent injunction prohibiting Defendants from using any Service-Name or

Service-mark containing the Motto, Logo, Uniform, Mboho Mkparawa Ibibio USA,
Inc., Mboho Mkparawa, Mboho Mkparawa Ibibio, MMI or MMI USA, INC. in
connection with their operation in Texas and the United States at-large;
(c)
exemplary damages, as set out below.
UNFAIR COMPETITION
89.
In view of Plaintiffs prior use and prior common law rights to the Name, Motto,
Logo, Uniform, Mboho Mkparawa Ibibio USA, Inc., Mboho Mkparawa, Mboho Mkparawa Ibibio,
MMI or MMI USA, INC. Service-Name to identify their operation in Texas and United States at
large and the Defendants actions as described above, Defendants use of the Motto, Logo, Uniform,
27
Mboho Mkparawa Ibibio USA, Inc., Mboho Mkparawa, Mboho Mkparawa Ibibio, MMI or MMI
USA, INC. to identify competing services, constitutes unfair competition. Defendants infringing
actions are committed willfully and without regard to Plaintiffs rights.
In the event a likelihood of confusion and unfair competition are found, Plaintiffs are
entitled to:
(a)
resulting from Defendants acts of unfair competition;
(b)
a permanent injunction prohibiting Defendant from using any Service-Name or

Service-mark containing the Logo, Motto, Mboho Mkparawa Ibibio USA, Inc.,
Mboho Mkparawa, Mboho Mkparawa Ibibio, MMI or MMI USA, Inc. in their
operation in Texas and the United States at large;
(c)
COUNT IV.
COMMON LAW COPYRIGHT INFRINGEMENT
90.

91.
All Defendants, based on their aforesaid conduct with respect to their unauthorized
and intentional use of the original and creative MBOHO MKPARAWA IBIBIO and/or MBOHO
MKPARAWA IBIBIO, USA INC. artwork in the identification of their letterhead, publicity and
distribution of newsletters, have created a likelihood of confusion or deception as to the origin of the
28
Organization. They are using the exact name, logo or logo layout, motto and dress. See Exhibits 7
(Plaintiffs Uniform, Logo and Name) and 8 (Defendants Uniform, Logo and Name).
92.
such confusion has injured the Plaintiffs.
93.
As a result of the actions of all Defendants, the Plaintiffs have suffered and continue
to suffer injury and damages. Defendants infringing actions are committed willfully and without
regard to Plaintiffs rights.
In the event a likelihood of confusion and unfair competition are found, Plaintiffs are
entitled to:
(a)
resulting from Defendants acts of unfair competition;
(b)
a permanent injunction prohibiting Defendant from using any Service-Name or

Service-mark containing the Logo, Motto, Mboho Mkparawa Ibibio USA, Inc.,
Mboho Mkparawa, Mboho Mkparawa Ibibio, MMI or MMI USA, Inc. in their
operation in Texas and the United States at large;
(c)
COUNT V
MBOHO MKPARAWA IBIBIO AND MBOHO MKPARAWA IBIBIO USA, INC.S
CLAIM FOR BREACH OF FIDUCIARY DUTY
94.

29
95.
Plaintiff, MBOHO MKPARAWA IBIBIO USA, INC. and Defendants had a fiduciary
relationship as principal and agents respectively; each one of them took an oath of office,
membership and alliance.
96.
Defendants as Officers of MBOHO MKPARAWA IBIBIO USA, INC. owes the
Organization the duty of the utmost good faith, not to usurp corporate opportunity for personal gain,
duty of loyalty, to mention but a few.
97.
Defendants' conducts constitute a breach of the fiduciary duty owe to Plaintiffs.
98.
Defendants' conducts has caused and continues to cause Plaintiffs' injuries, to wit,
Defendants have made away with Plaintiffs' Properties and funds.
COUNT VI
CLAIM FOR FRAUD
99.

100.
Defendants took an oath to uphold the constitution and be loyal to the Organization.
101.
His Promise was material to appointing or electing them to their respective Offices.
102.
When they made the oath or swore to be loyal, they knew that they were making false
promises; this can be evidenced by Defendant, SYLVANUS OKON A/K/A SYLVANUS EDET
OKONs use of the title of a President on the article of amendments filed with the secretary of states
in 2010 and 2011. Dkt. No. 155-33 pg 26 and Dkt. No. 155-34 pg 3, respectively.
103.
Defendants made the promise to induce the Cooperation to trust and retaining them.
104.
Plaintiffs relied on their oath in retaining them.

30
105.
As a result of their false promises, Plaintiff, MBOHO MKPARAWA IBIBIO and
MBOHO MKPARAWA IBIBIO USA, INC. has suffered and continue to suffer damages.
COUNT VII
CLAIM FOR CONVERSION
106.

107.
Plaintiffs, MBOHO MKPARAWA IBIBIO AND MBOHO MKPARAWA IBIBIO
USA, INC. own different chapters with bank accounts including those under tax ID XX-XXXX648,
donated books, Uniforms and other items of value.
108.
The items are personal items including but not limited to caps, certificates, records,
donated books.
109.
Defendants have wrongfully taken these properties.
110.
The wrongful taking of these items is costing Plaintiffs and Plaintiffs have
suffered damages.
111.
Plaintiffs are entitled to damages in the amount equal to the value of the properties
converted by Defendants.
COUNT VIII
CLAIM FOR TORTIOUS INTERFERENCE WITH EXISTING CONTRACT
112.

31

113.
In 2011, MBOHO MKPARAWA IBIBIO and MBOHO MKPARAWA IBIBIO USA,
INC. terminated Mr. SYLVANUS OKON A/K/A SYLVANUS EDET OKON's Appointment and
appointed Dr. Maurice E Ekwo as its High Commissioner. Plaintiffs MBOHO MKPARAWA
IBIBIO and MBOHO MKPARAWA IBIBIO USA, INC. appointed Maurice E. Ekwo as the new
High Commissioner in charge of the United States and Canada Zone; at the Same time, Essien Isong
was serving as Plaintiffs Director and Director of Protocol. The two were to carry out the duties of
the organization and raise fund to accomplish Plaintiffs goals as were promised by Maurice E. Ekwo
and Essien Isong through their oath of office. Defendants knowing this, willfully and intentionally
interfered with the Plaintiffs contract by hindering the execution of the agreement by running away
with all the necessary funds and tools for the performance and achievement of their duties, thus,
making performance more burdensome or difficult, or of less or no value to the Plaintiffs. To this
day, Defendants continue to hinder the Plaintiffs duties; even with the newly appointed High
Commissioner, Akparawa-Anwan (Dr.) Obot Ekweres duties.
114.
Mr. SYLVANUS OKON A/K/A SYLVANUS EDET OKON, rather than step down,
continued to divert company's assets to its personal interest of remaining in power under the same
name.
115.
Mr. Okon and his Co-Defendants are aware of the termination and appointment.
Defendants interfered with the Organizations contract with Dr. Ekwo, Essien Isong and Godwin
Ekpene by making it impossible to manage the Organizations affair as mandated.
116.
As a result of Defendants conducts, Plaintiffs have suffered damages because
Plaintiffs assets are being diverted.

32
33
EXEMPLARY AND TREBLE DAMAGES

117.
In the event a likelihood of confusion and violation(s) of Plaintiffs rights are found,
Plaintiffs are entitled to an award of exemplary damages under common law and treble damages
under the Lanham Act. Defendants acts were done with knowledge of Plaintiffs prior use of the
Logo, Motto, Mboho Mkparawa Ibibio USA, Inc., Mboho Mkparawa, Mboho Mkparawa Ibibio,
MMI or MMI USA, Inc. as a Service-Name, and their acts of infringement and unfair competition
have been willful, deliberate, and with malice, as shown by Defendants statements to Plaintiffs
member since October 11, 2011, by the advertisements and publications that he caused to be
published in Nigerian Newspaper, worldwide internet, by their theft of Plaintiffs properties, and by
other false statements they made about Plaintiffs.
118.
The Defendants actions as described above were committed with malice as defined
in Texas Civil Practice and Remedies Code Section 41.100(7) in that the Defendants actions were
specifically intended to harm the Plaintiffs in its business. The Defendants conduct warrants the
assessment of exemplary damages against the Defendants under Texas Civil Practice and Remedies
Code Section 41.003.
119.
Unjust Enrichment As a result of the conduct of the Defendants wrongful
infringement and/or dilution of the Plaintiffs mark or trade name or trade dress and other
wrongful acts described above, the Defendants have been unjustly enriched, and the Plaintiffs are
entitled to recover all profits/revenues derived by the Defendant as a result of his/her/its
wrongful conduct.
34
PLAINTIFFS DAMAGES
120.
The Plaintiffs have been damaged by the foregoing acts of the Defendants in the
following respects:
a. The Converted amount in the sum of, at least, $37,845.25(amount known to be
available to Plaintiffs before the time of Defendants Separation).
b. The Plaintiffs have lost membership and revenue.
c. The Plaintiffs have lost valuable goodwill.
d. The Plaintiffs have lost royalties.
e. The Plaintiffs have incurred expenses in counteracting the effect of the Defendants
unlawful use of the confusingly similar mark or trade name and trade dress.
f. Plaintiffs have lost funds that existed at the time of the insurgency.
g. Plaintiffs have lost properties of the organization including books donated to
the Organization for the benefit of Mboho Unity School in Uyo, Nigeria.
h. All profits/revenues derived by the Defendant as a result of his/her/its wrongful
conduct
REQUEST FOR PERMANENT INJUNCTION

121.
Unless the Defendants are enjoined from the acts complained of, the Plaintiffs and the
public will suffer irreparable harm, for which the Plaintiffs have no adequate remedy at law. The
Plaintiffs are entitled to an injunction under Rule 680 of the Texas Rules of Civil Procedure.
WHEREFORE, the Plaintiffs respectfully request judgment as follows:
That permanent injunctions be ordered after hearing or on final trial enjoining the
Defendants, SYLVANUS OKON A/K/A SYLVANUS EDET OKON, JOSEPH D.
IBOKETTE, DR. MACARTAN "MAC" UKPONG, EFFIONG EYO MBABA,
EMMANUEL ISONG AND IBOK ESEMA, their attorneys, agents, and all other
natural persons or business or legal entities acting or purporting to act for or on behalf of
Defendants, whether authorized to do so or not. from:
35
1. Using a reproduction, counterfeit, copy, or colorable imitation of the Plaintiffs mark

in interstate commerce or in any commerce within the United States, in connection
with selling, offering for sale, or advertising of any goods or services;
2. Engaging in any and every activity in organizing any meeting and convention using
the funds, name, banners, logo, motto, dress and website of MBOHO
MKPARAWA IBIBIO USA, INC., MBOHO MKPARAWA, MBOHO
MKPARAWA IBIBIO, MMI or MMI USA, INC.;
3. Withdrawing funds from all and any account in the name of MBOHO
MKPARAWA IBIBIO USA, INC., MBOHO MKPARAWA, MBOHO
MKPARAWA IBIBIO, MMI or MMI USA, INC. accounts including all
Organizations account under Tax ID 56-2607648; Account No. 687975110 and
other accounts relating to or associated with MBOHO MKPARAWA IBIBIO USA,
INC., MBOHO MKPARAWA, MBOHO MKPARAWA IBIBIO, MMI or MMI
USA, INC.;
4. Using the logo, motto and dress of MBOHO MKPARAWA IBIBIO USA, INC.,
MBOHO MKPARAWA, MBOHO MKPARAWA IBIBIO, MMI or MMI USA,
INC. anywhere for any purpose, private or public without the express written
permission of MBOHO MKPARAWA IBIBIO USA, INC., MBOHO
MKPARAWA, MBOHO MKPARAWA IBIBIO, MMI or MMI USA, INC.s
U.S. High Commissioner;
5. Using the distinctive title/designation Akparawa for Men and Akparawaanwan for women.
6. Portraying themselves as officers and members of MBOHO MKPARAWA IBIBIO
USA, INC., MBOHO MKPARAWA, MBOHO MKPARAWA IBIBIO, MMI or
MMI USA, INC.;
7. Interfering in any manner any funds from all and any account in the name of
MBOHO MKPARAWA IBIBIO USA, INC., MBOHO MKPARAWA, MBOHO
MKPARAWA IBIBIO, MMI or MMI USA, INC. accounts, including all
Organizations accounts under Tax ID 56-2607648; Account No. 687975110; the
amount in excess of $37,845.25 available in the name of MBOHO MKPARAWA
IBIBIO USA, INC., MBOHO MKPARAWA, MBOHO MKPARAWA IBIBIO,
36
MMI OR MMI USA, INC. as of January 27, 2012, and other accounts relating to or
associated with MBOHO MKPARAWA IBIBIO USA, INC., MBOHO
MKPARAWA, MBOHO MKPARAWA IBIBIO, MMI or MMI USA, INC. in
any manner as existed as of October 10, 2011.
8. Misappropriating the names and identities of bona fide members who signed up for
life insurance as members of the Organization or altering their information and
benefits therein.
9. Making disparaging remarks regarding the Plaintiffs, to wit: including but not limited
to calling them fake, illegitimate, illegal.
ATTORNEY FEES
122.
This is an exceptional case, such that Plaintiffs are entitled to their attorney fees under
15 U.S.C. 1117 and Tex. Civ. Prac. & Rem. Code 38.001.
PRAYER
WHEREFORE, Plaintiffs demands judgment against all Defendants, jointly and severally,
as follows:
1. That Defendants be Enjoined as plead above.
2. Defendants be Order to disclose and turn over all accounts in the name of or relating
in any way with MBOHO MKPARAWA IBIBIO USA, INC., MBOHO
MKPARAWA, MBOHO MKPARAWA IBIBIO, MMI or MMI USA, INC.
3. That the Plaintiffs be awarded actual, compensatory, and/or statutory damages for
the harm suffered in an amount within the jurisdictional limits of the court;
4. That Defendants be Ordered to return all fund taken by them during the time of their
separation;
37
5. That Defendants be ordered to return the books donated for the benefit of Mboho
Unity School, Uyo, Nigeria;
6. Defendants be ordered to relinquish possession of or turn over the Tax ID
56-2607648 assigned to the Organization.
7. That the Defendants be required to disgorge and pay to the Plaintiffs all
profits/revenue that the Defendants have unjustly earned as a result of its
infringement of Plaintiffs mark and other wrongful conduct described above.
8. That the Plaintiffs have judgment for the costs of suit, including reasonable attorney's
fees as allowed by law;
9. Exemplary Damages as allowed by law;
10. Prejudgment and post-judgment interest as allowed by law; and
11. Any and all such other relief deemed equitable and just by this Court, as provided
by law.
Respectfully submitted,
By: /s/ Gogo U.K. Owor
GOGO U.K. OWOR
Texas Bar No. 24026105
6475 Hillcroft Street, Suite B
Houston, TX 77081
Tel. (713) 778-8000
Fax. (713) 779-4646
Attorney for Plaintiffs
Certificate of Service
I certify that on March 1, 2016, a true and correct copy of the foregoing Document was
served by facsimile transmission on JUSTICE B. ADJEI, ESQ. electronically through the electronic
filing manager.
/s/ Gogo U.K. Owor
GOGO U.K. OWOR
38

Mboho Mkparawa Ibibio v. Okon - Third Amended Complaint PDF

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Case 4:12-cv-02363 Document 266 Filed in TXSD on 03/01/16 Page 1 of 38

IN THE UNITED STATES DISTRICT COURT

CIVIL ACTION NO.

PLAINTIFFS' THIRD AMENDED COMPLAINT &

Case 4:12-cv-02363 Document 266 Filed in TXSD on 03/01/16 Page 2 of 38

Plaintiff, MBOHO MKPARAWA IBIBIO, a foreign nonprofit organization

Plaintiff, MBOHO MKPARAWA IBIBIO USA, INC., a subsidiary of MBOHO

MKPARAWA IBIBIO, registered in Texas, is an Individual whose address is C/o Akparawa-anwan

Case 4:12-cv-02363 Document 266 Filed in TXSD on 03/01/16 Page 3 of 38

Plaintiff, Dr. MAURICE E. EKWO, an Individual, Immediate Past High

Plaintiff, MAURICE E. EKWO, an Immediate Past High Commissioner and Agent of

Plaintiff, ESSIEN ISONG, an Individual whose address is 14906 Westpark Dr.

#1224, Houston, TX 77082.

Plaintiff, ESSIEN ISONG, a Director and a Member of the Central Working

Plaintiff, GODWIN EKPENE (Deceased), an Individual whose address was 8353

Emerald Lane West, Westland, MI 48185.

Plaintiff, GODWIN EKPENE (Deceased), a Director, Co-Incorporator and Deputy

Defendant SYLVANUS OKON A/K/A SYLVANUS EDET OKON is a citizen of the

Case 4:12-cv-02363 Document 266 Filed in TXSD on 03/01/16 Page 4 of 38

Defendant JOSEPH D. IBOKETTE is a citizen of the State of Texas, who resides at

Defendant DR. MACARTAN "MAC" UKPONG is a citizen of the State of Texas,

Defendant EMMANUEL ISONG is a citizen of the District of Columbia who resides

Case 4:12-cv-02363 Document 266 Filed in TXSD on 03/01/16 Page 5 of 38

Mboho Mkparawa Ibibio is a socio cultural organization of Ibibio youths founded in

Case 4:12-cv-02363 Document 266 Filed in TXSD on 03/01/16 Page 6 of 38

Case 4:12-cv-02363 Document 266 Filed in TXSD on 03/01/16 Page 7 of 38

After the Induction, Defendant, SYLVANUS OKON a/k/a SYLVANUS EDET

Case 4:12-cv-02363 Document 266 Filed in TXSD on 03/01/16 Page 8 of 38

In 2006, Mr. SYLVANUS OKON a/k/a SYLVANUS EDET OKON amongst

Case 4:12-cv-02363 Document 266 Filed in TXSD on 03/01/16 Page 9 of 38

Defendants finally decided to separate or split from the Organization in November

Case 4:12-cv-02363 Document 266 Filed in TXSD on 03/01/16 Page 10 of 38

Defendant, SYLVANUS OKON a/k/a SYLVANUS EDET OKON, wants to be a

Mboho Mkparawa Ibibio was first established in Houston, Texas, United

States as MBOHO MKPARAWA IBIBIO - HOUSTON CHAPTER by OFFONMBUK U.

Case 4:12-cv-02363 Document 266 Filed in TXSD on 03/01/16 Page 11 of 38

Case 4:12-cv-02363 Document 266 Filed in TXSD on 03/01/16 Page 12 of 38

Case 4:12-cv-02363 Document 266 Filed in TXSD on 03/01/16 Page 13 of 38

(Appointment letter, appointing Dr. Ekwo as the new High

Commission to replace Defendant).

Case 4:12-cv-02363 Document 266 Filed in TXSD on 03/01/16 Page 14 of 38

Defendants, caused an article to be published in Concord news, a Nigerian News

On or about November 18, 2011, as a result of his continuous defiance, Defendant,

On or about December 19, 2011 Co-Defendants, DR. MACARTAN "MAC"

Case 4:12-cv-02363 Document 266 Filed in TXSD on 03/01/16 Page 15 of 38

Defendants, SYLVANUS OKON A/K/A SYLVANUS EDET OKON, JOSEPH

IBOKETTE, DR. MACARTAN "MAC" UKPONG, EFFIONG EYO MBABA, EMMANUEL

Case 4:12-cv-02363 Document 266 Filed in TXSD on 03/01/16 Page 16 of 38

Defendants have refused to provide or disclose any information and documents

regarding the Organizations bank account. Okons Dep. 106:11-107:4.

Exhibit 9(Affidavit of Godwin Ekpene (Deceased)), Exhibit 10 (Affidavit of Dr. Maurice E.

Case 4:12-cv-02363 Document 266 Filed in TXSD on 03/01/16 Page 17 of 38

Plaintiffs re-allege and incorporate by reference the preceding paragraphs of this

Petition as set forth at length herein verbatim.

Case 4:12-cv-02363 Document 266 Filed in TXSD on 03/01/16 Page 18 of 38

Case 4:12-cv-02363 Document 266 Filed in TXSD on 03/01/16 Page 19 of 38

Case 4:12-cv-02363 Document 266 Filed in TXSD on 03/01/16 Page 20 of 38

Case 4:12-cv-02363 Document 266 Filed in TXSD on 03/01/16 Page 21 of 38

Despite repeated demands by Plaintiffs to cease unauthorized use of the MBOHO

Case 4:12-cv-02363 Document 266 Filed in TXSD on 03/01/16 Page 22 of 38

Case 4:12-cv-02363 Document 266 Filed in TXSD on 03/01/16 Page 23 of 38

exemplary damages, as set out below; and