DETTY December, a phrase that has been part of Nigerian slang since 2010, is now officially trademarked.
Deola and Darey Art Alade secured a legal trademark for Detty December in 2019 through their company, Livespot360. For years, the registration remained largely unnoticed, even as the phrase became a nationwide shorthand for parties, concerts, and the festive end-of-year energy.
But after the couple announced and launched Detty December Fest in September, the trademark resurfaced in public consciousness. By October, many Nigerians realised, for the first time, that the beloved cultural phrase had been legally owned for years. This discovery quickly ignited debates about cultural ownership, creativity, and the commercialisation of shared expressions.
A similar situation recently unfolded in the baking industry when the owner of the popular cake brand ‘Fastest Cakes’ took legal action against an Ibadan-based baker who claimed to have been using the description “fastest cakes in Ibadan” for years, and registered the name with the Corporate Affairs Commission (CAC) in April 2025 after the brand had opened an outlet in the city.
The case sparked widespread discussion about how individuals or companies can trademark seemingly generic phrases like “luxury cakes” or “best cakes” and then pursue legal action against small business owners simply for using them in captions or hashtags.
Trademark versus culture: when a phrase becomes a brand
So, what exactly does it mean to trademark a phrase like Detty December? Under Nigerian law, a trademark is a distinctive sign, symbol, or phrase that identifies and distinguishes the goods or services of one business from another.
It gives the owner the exclusive right to use that mark in commerce and prevents others from using it in ways that could confuse. In practice, this means that while everyone can still talk about Detty December as a cultural concept, using it commercially for events, merchandise, or advertising, without permission could potentially constitute infringement.
Ayomide Tayo, a pop culture critic, told The ICIR that Detty December is more than a phrase; it is a mood. It reflects pride in Nigerian youth culture and the country’s rising influence on global pop music and entertainment.
He stated that while the term has become embedded in public discourse, the trademark creates tension for show promoters and entrepreneurs.
“What Detty December represents is a celebration of how cool it is to be a Nigerian right now. Thanks to the international success of Nigerian contemporary pop music, the world perceives young Nigerians in a new light. So, Detty December is a pilgrimage for young Nigerians abroad and those interested in tapping into Lagos nightlife during the festive period.”
“The name can be trademarked, but it does not stop the partying and the emotional experience; it might affect show promoters who had events tagged ‘Detty December’, but for the masses, I doubt it would have much of an impact,” Tayo noted.
Legal perspectives on cultural expressions
Habeeb Gobir, an intellectual property and tech lawyer, states that under Nigerian law, particularly the Trade Marks Act, Cap T13, Laws of the Federation of Nigeria 2004, a mark is registrable if it is distinctive and capable of distinguishing one entity’s goods or services from another’s. Even widely used phrases can qualify if they have acquired distinctiveness through commercial use and are tied to specific goods or services.
“For example, “Detty December’ in public conversation simply refers to festive social activities. But if someone uses it distinctively for branded events, merchandise, or entertainment services, and can show it serves as a source identifier, then it may be eligible for trademark protection.
The prior public use of the phrase could weaken its distinctiveness and make registration questionable. The Registrar at the Trademarks Registry has the discretion to refuse registration where a phrase is descriptive, generic, or customary in the current language or trade practice.” Gobir explained.
This debate sits at the uncomfortable intersection of public culture and private legal rights. While a trademark gives its owner commercial control over a phrase, Nigerian law also recognises that some expressions belong to everyone. The Trademarks Act provides room for objections even after a mark has been registered, on several grounds. A trademark can be challenged if it is not distinctive enough, if it has become too common in everyday language, or if granting exclusive rights would run against public interest or accepted cultural practice.
Put simply, trademark law was never created to privatise collective cultural expressions. Phrases that have long existed in the public domain, or are widely used as part of social language, are not typically meant to be locked behind private ownership, especially if such ownership could restrict how the public naturally uses them.
“Trademark rights are not designed to privatise cultural heritage. Nigerian law, in principle, does not protect expressions that belong to the public domain or form part of common social language.
Therefore, if the registration of “Detty December” or similar cultural phrases prevents the public from using them in their natural expressive form, it can be challenged before the Trademarks Tribunal or Federal High Court on public interest grounds.” Gobir added
These concerns deepen when cultural expressions shift from community use to corporate control. Tayo observed that such transitions often strip the expression of its authenticity, leaving it open to exploitation by people who may not fully represent or understand the culture behind it.
“It lacks authenticity and is exploited by people who do not belong to the culture. My fear is that a cultural celebration like this will be pimped to the highest bidder, and in a couple of years, it will lose its cultural value,” Tayo stated.
He added that the implications go beyond culture; they shape the future. Once legal ownership enters the picture, people become more cautious and commercially savvy about the phrases they coin or popularise.
Gobir and Tayo share the same stance on the consequences of trademarking for entrepreneurs. He stated that once a phrase is registered as a trademark, any commercial use without permission, whether in event promotion, merchandise, or advertising, could amount to infringement. This type of enforcement has the potential to disrupt business plans and expose smaller creators to legal pressure, especially when rights holders take an aggressive approach.
“The legal consequences include Cease-and-desist orders, Damages or account of profits, and Injunctions preventing further use. Commercially, it can disrupt marketing plans and even expose small creators to legal intimidation, especially where enforcement is aggressive.
However, non-commercial or descriptive use, for example, using “Detty December” in conversation or as part of commentary, would not typically amount to infringement.” Gobir highlighted.
In reflecting on how Detty December ended up in private hands, pop culture analyst Tayo suggested that the phrase might have been better safeguarded as a shared cultural asset. He noted that if relevant agencies had recognised the cultural and economic weight of youth-driven expressions early enough, they could have ensured that no single organisation acquired exclusive naming rights. Instead, he argued, institutions often overlook the soft power embedded in youth culture until it becomes too valuable to ignore.
He added that the trajectory of Detty December is not unusual. In his view, most cultural movements eventually collide with capitalism; it is part of how industries grow and how new markets are created. The risk, he warned, is when the original communities behind these expressions stop benefiting from them, allowing cultural meaning to be reshaped or diluted by commercial interests.
Gobir agreed that creators hoping to protect emerging cultural phrases should act early and strategically: register expressions before they become mainstream, define the scope of protection narrowly to avoid stifling public use, and remain engaged with the communities that shaped the language in the first place. Importantly, he emphasised the need for fair use allowances so that cultural expressions continue to thrive in everyday conversation, even as they acquire commercial value.
Their perspectives underscore a larger tension: the challenge of preserving collective cultural identity in a system where almost anything, even a feeling, a season, or a slang term, can be legally owned.
Fatimah Quadri is a Journalist and a Fact-checker at The ICIR. She has written news articles, fact-checks, explainers, and media literacy in an effort to combat information disorder.
She can be reached at sunmibola_q on X or fquadri@icirnigeria.org