NBC Asks Court To Vacate Ex-parte Order Against Energy Drink

NBC Asks Court To Vacate Ex-parte Order Against Energy Drink

The bottlers of Coca-Cola drinks, th Nigerian Bottling Company (NBC) Plc, today, urged a Lagos Federal High Court, to set aside an ex-parte injunction obtained by Rite Foods Limited against the continued promotion of its energy drink, ‘Predator’ Energy from the Nigerian market.

NBC 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. 

NBC’s counsel, Mr. Oluseye Opesanwo (SAN) told the court presided over by Justice Chukwujekwu 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 energy drink by Rite Foods in the Nigerian market. 

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 instituted a legal action against the 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.

Rite Food Limited 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. 

Meanwhile, Justice Aneke fixed May 5, 2021, for ruling after hearing both parties’ applications and counter applications.

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