NBC asks court to vacate ex-parte order against it

The Nigerian Bottling Company (NBC) Plc yesterday asked the Federal High Court in Lagos to set aside an ex-parte injunction obtained by Rite Foods Ltd against the continued promotion of its 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 Segun, for alleged disobedience to the interim order.

NBC’s counsel, Mr. Oluseye Opesanwo, told 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 by Rite Foods in the Nigerian market.

In the suit, marked FHC/L/CS/92/2021, both firms are locked in a battle over alleged similarities 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.

It 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.

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