A Federal High Court in Lagos on Monday, July 12, adjourned till September 22, proceedings in the suit between Nigerian Bottling Company (NBC) Ltd and Rite Foods Ltd.
In suit No: FHC/L/CS/92/2021, the plaintiff, Rite Food Limited, filed a motion ex parte of an interim injunction against the defendant, NBC, restraining it from further promoting or using any sales promotion material for its Predator energy drink in a manner that infringes or passes off or that is capable of infringing or passing off the plaintiff’s Fearless energy drink until the interlocutory application for an injunction is determined.
Rite Foods 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.
It has also prayed the court to set aside an ex-parte injunction obtained by Rite Foods Ltd 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 NBC’s Managing Director, Mr. Matthieu Seguin, for alleged disobedience to the interim order.
The suit, formerly before Justice Chukwujeku Aneke, is now before Justice Lewis Allagoa.
NBC’s counsel Mark Mordi had told Justice Aneke 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.
When the matter came up before Justice Allagoa, he fixed the September 22 date for the hearing of preliminary applications in the suit.
