Justice Lewis Allagoa of the Lagos Federal High Court has fixed October 27, 2021, for the hearing of all applications in a contempt proceedings filed by Rite Food Limited against the NBC’s and it’s Managing Director, Mattieu Seguine, over alleged trademark infringement.
Justice Allagoa fixed the date after counsel to the parties informed him that all application in the suit have been filed and exchanged among the parties.
Rite Foods Limited had in suit numbered FHC/L/CS/92/2021, accused NBC and its managing director of using it’s Fearless energy drink logo on their ‘Predator’ energy drink.
Consequently, Rite Foods asked the court to restrain NBC from further promoting its Predator energy drink in the Nigerian market.
Rite Foods, through its counsel, Mr. Muyiwa Ogungbenro, alleged that Predator’s lion insignia bears a striking resemblance to its ‘Fearless’ energy drink.
Though, 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 of the Predator energy drink in the Nigerian market.
It further asked the court to dismiss Rite Foods’ committal application brought against Nigerian Bottling Company ( NBC)’s Managing Director, Seguin, for alleged disobedience to the interim order.
However, NBC’s counsel, Mr. Oluseye Opasanya (SAN), had informed the court that Rite Foods’ applications were without merit as the suit lacked a firm ground to stand in law.
He contended that the Predator energy drink 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.
Opasanya also asked the court that before his client, NBC, and its managing director alleged contemnor, could appear before the court, their applications challenging the court jurisdiction, discharging the exparte order obtained by Rite Foods’ suit, must first be heard and determined.