Legal experts urge review of ‘Detty December’ Trademark

A recent announcement by entertainment company Livespot360 has sparked debate over the trademarking of “Detty December,” a phrase central to West African festive culture. Legal professionals argue that the registration risks privatizing a communal expression, calling on Nigeria’s Trademarks Registry to reconsider it.

“Detty December” describes the lively end-of-year celebrations in Nigeria and Ghana, marked by parties, travel, and family gatherings. The term gained traction around 2017, credited to musician Mr Eazi, who used it in social media posts and a 2022 podcast episode where he discussed its origins. It now drives economic activity, with estimates of $70 million to $180 million annually for Lagos alone through tourism and events.

Livespot360, founded by singer Darey Art Alade and his wife Deola, registered the phrase in 2019 under Class 41 for entertainment services, including festivals and events. The company had planned a “Detty December Fest” launch in 2020, which was delayed by COVID-19, and revived the idea with a song featuring producer Pheelz in 2021.

This year, on October 18, 2025, Livespot360 launched the 2025 edition of the “Detty December Fest” and revealed the trademark in promoting the festival, a multi-venue event taking place from December 6 to 31 across Lagos. Deola Art Alade stated on LinkedIn that the registration protected their early efforts to formalize the concept when it was “grassroots” but not yet dominant.

The disclosure prompted backlash on social media, with users questioning the ethics of claiming a cultural staple. Nigerian entertainment lawyer Ibukun Ahisu, known as @OptimistIBK, led the criticism in an Instagram post on October 20, 2025. Ahisu, who specializes in music and intellectual property law, urged the Trademarks Registry—under the Federal Ministry of Industry, Trade and Investment—to revoke the mark in the public interest. “The fact that the name ‘Detty December’ has been registered does not mean it cannot be reviewed or revoked,” he wrote, attaching sections of the of Trademark law from section 9, section 11, and including certain names that cannot be trademarked such as Detty December, Eyo Festival, Ofada Rice, Aba Made, and Zobo for their culturally decriptiveness, public cultural heritage or geographical origins.

Ahisu emphasized lawyers’ duty to safeguard heritage. “Our role goes beyond applying the law; we must be custodians of our cultural heritage,” he said, crediting IP consultant Oyinkansola Fawehinmi (@fozadoza) for highlighting the journal entry. Under Nigeria’s Trademarks Act, marks can be challenged post-registration if they are descriptive, generic, or contrary to public policy. Ahisu noted the opposition window—60 days after publication—has closed, but invalidation proceedings remain possible if evidence shows the term lacks distinctiveness.

Fellow lawyer @BlehisBack echoed the concern on X (formerly Twitter). “I’m actually surprised that the trademark registry approved it,” she posted on October 19, 2025, in response to the announcement. Other X users pointed to the phrase’s organic evolution from slang to national identifier, arguing that approving such marks sets a precedent for enclosing public language, potentially limiting free use in media, merchandise, and events.

IP lawyer Adesola Adeniran (@sollydiran) offered a balanced view on X, noting the 2019 filing predated peak popularity. “They got it in 2019 when the word was not really in common use, so their right is enforceable. IP is an investment; the value of the Trademark asset Detty December grew over the years,” he explained, but added that proving descriptiveness could undo it. Akinola Adedamola (@adedxmola) detailed the process: post-publication oppositions lapsed years ago, leaving court-based challenges as the path forward, but a lingering question of who will be best suited to sue Livespot360.

Livespot360 has not commented on the criticism. Supporters, including marketing specialist Gbenjo Abimbola (@Gbenjo_Abimbola), defend the move as standard protection for investments. “Who else has done more for ‘Detty December’ than Livespot?” he asked. The company has hosted related events since 2018, contributing to the phrase’s visibility.

An example of Livespot360’s contributions to Detty December is the Entertainment Week Lagos event, which is one of Africa’s largest multi-sector creative summits, bringing together visionaries across film, music, tech, fashion, and culture for 5 days of immersive programming, live performances, and transformative dialogue. Past editions drew 53,000+ attendees, 240+ speakers, and N313M in digital reach.

The debate highlights tensions in Nigeria’s growing creative economy, valued at $5 billion in 2024. Experts like Ahisu warn that unchecked trademarks could commodify slang, echoing global cases like “Afrochella,” rebranded to AfroFuture after a 2023 dispute. Foza, the consultant cited by Ogunbiyi, stressed public vigilance: “Timely objection is key,” though late challenges rely on proving cultural dilution.

As Detty December approaches, organizers of independent events express caution. One promoter, speaking anonymously, said they now review phrasing to avoid infringement notices. The Trademarks Registry which is the Nigeria

Industrial Property Office has not given any comment as of the time of this article.
This case underscores the need for clearer guidelines on cultural terms in IP law. If revoked, it could free “Detty December” for communal use; if upheld, it may reshape how Nigerians approach festive branding. For now, the phrase endures in posts and plans, a reminder of its roots beyond any registry.