Justice Chukwujekwu Aneke of the Federal High Court in Lagos has fixed May 5, 2021, for ruling after hearing both applications and counter applications of the Nigerian Bottling Company (NBC) Plc and Rite Foods Ltd against the continued promotion of its Predator Energy drink in the Nigerian market.
During the trial, NBC’s counsel Mr Oluseye Opesanwo SAN asked Justice Chukwujekwu Aneke to set aside an ex-parte injunction obtained and dismiss Rite Foods’ committal application brought against NBC’s Managing Director, Mr Matthieu Seguin, for alleged disobedience to the interim order.
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.
In the suit, marked FHC/L/CS/92/2021, both firms are locked in a battle over alleged similarities or not between the logos of their energy drinks.
Rite Foods had instituted a legal action against NBC 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.
It claimed through its counsel Mr Muyiwa Ogungbenro, that Predator’s lion insignia bears a striking resemblance to the Fearless.
But NBC denied any claim of trademark violation or passing off with its Predator Energy drink vowing to contest the case vigorously in court.
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