Trademark Infringement: Court Sets New Date For NBC, Rite Foods Law Suit

A Federal High Court in Lagos has 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 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, 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.

However, while the Predator brand is struggling to gain acceptance among consumers, Rite Foods’ Fearless energy brands have attained a very high market share of the lucrative beverage market, cutting across the different demographics, mainly the youth segment.

The Fearless brands provide consumers limitless benefits and contain high-quality ingredients.

The energy drinks contain Vitamin B6, a water-soluble nutrient that is part of the vitamin B family, which supports adrenal function, helps calm and maintain a healthy nervous system, and is necessary for key metabolic processes.  Also, included is Vitamin B12 which is essential for building blood cells and maintaining healthy nerve cells in the body.

Trademark Infringements Cases In Nigeria Thus Far 

Few cases of trademark infringements in the country were those of Nabisco Inc. v Allied Biscuits Company Limited in 1998, where the trademark RITZ was the issue before the court.

Allied Biscuits first registered the mark eight months before Nabisco, and the court held against the appellant, Nabisco, on the premise that it has not used the mark sufficiently to acquire a reputation for the mark in Nigeria, that its intention is to destabilize the Nigerian market and her economy.

Also on October 18, 1993, Pfizer dragged Iyke Merchandise to Court for infringing on its trademark, Combatrin Plus, with the mark, Combatinrein, which was likely to confuse consumers.