A Federal High Court in Lagos, on Monday, adjourned further hearing of the suit between Nigerian Bottling Company (NBC) Plc and Rite Foods Limited, till September 22, over alleged trademark infringement.
In the suit, marked FHC/L/CS/92/2021, both firms are locked in battle over alleged similarities or not between the logos of their energy drinks.
Rite Foods had dragged NBC before the court on February 9, 2021 asking for an order of the court to restrain NBC from further promoting its Predator Energy drink in the Nigerian market.
Rite Foods through its counsel, Mr. Muyiwa Ogungbenro, claimed that Predator’s lion insignia bears a striking resemblance to it’s Fearless energy drink.
But NBC denied any claim of trademark violation or passing off with its Predator Energy drink vowing to contest the case vigorously in court.
NBC has also asked the court to set aside an ex-parte injunction obtained by Rite Foods Limited against the continued promotion the Predator Energy drink in the Nigerian market.
It further asked the court to dismiss Rite Foods’ committal application brought against NBC’s Managing Director, Mr. Matthieu Seguin, for alleged disobedience to the interim order.
While the substantive suit is still pending before Justice Chukwujeku Aneke. Rite Foods brought the contempt suit against NBC, before Justice Lewis Allagoa.
At the resumed hearing of the contempt suit on Tuesday, Counsel to NBC, Mr. Oluseye Opasanya (SAN) informed Justice Allagoa that Rite Foods’ applications were brought malafide and were without merit as the suit lacked a firm ground to stand in law.
He contended that the Predator logo had been in existence and in use in many markets outside of Nigeria even prior to the launch of Fearless by Rite Foods in the Nigerian market.
Opesanya also asked the court that before his client’s, NBC and it’s Managing Director, Mr. Mattiue Seguin, alleged contemnor, could appear before the court, their applications challenging the court Jurisdiction, discharging the order Exparte and dismissing Rite Foods’ suit must first be heard and determined.
However, Rite Foods’ Counsel, Ogungbenro, told the court that before the alleged contemnor’s applications could be heard, the alleged contemnor must appear before the court, as the case against them is a criminal in nature.
Ogungbenro however asked for short date to enable him response to the responses filed by the NBC and it’s Managing Director.
Following the application for adjournment by both parties, Justice Allagoa, fixed September 22 date for hearing of all pending applications in the suit.
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