On Monday July 12 2021, a federal High Court in Lagos adjourned the proceedings in the case between Nigerian Bottling Company (NBC) Ltd and Rite Foods Ltd till September 22, 2021.
In the suit, marked FHC/L/CS/92/2021, both firms are locked in battle over alleged similarities between the logos of their energy drinks. Rite Foods had instituted the 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.
Its counsel, Mr. Muyiwa Ogungbenro, claimed that Predator’s lion insignia bears a striking resemblance to the Fearless’s logo. But NBC denied the allegations, and vowed to contest the case. It prayed the court to set aside an ex-parte injunction obtained by Rite Foods Ltd against its continued promotion 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. Counsel to NBC, Mark Mordi, told Justice Aneke that Rite Foods’ applications were brought malafide and 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.