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Court hears suit over NBC, Rite Foods’ logo dispute

Justice Lewis Allagoa of a Federal High Court in Lagos will on September 22 commence hearing in the suit between Nigerian Bottling Company (NBC) Limited and Rite Foods Limited over their respective energy drinks’ logos. The date had been fixed for the hearing of all preliminary motions in the suit marked FHC/L/ CS/92/2021.

NBC and Rite Foods were locked in a legal battle over alleged similarities or not in the ‘lion’ logo of their respective drinks. Rite Foods had on February 9, 2021, filed the suit seeking for an order restraining NBC from further promoting its Predator Energy drink in the Nigerian market.

The firm through its lawyer, Muyiwa Ogungbenro, had argued that the Predator’s lion insignia ‘bears a striking resemblance to that of Rite Foods’ Fearless drink.’ However, while denying any claim of trademark violation or passing off with its Predator Energy drink, NBC prayed the court to set aside an ex-parte injunction obtained by Rite Foods against the continued promotion of its drink. NBC further asked the court to dismiss Rite Foods’ committal application brought against its Managing Director, Matthieu Seguin, for alleged disobedience to the interim order.

 

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