Trademark Infringement, Rite Foods Limited Drags Nigeria Bottling Company To Court

Trademark Infringement, Rite Foods Limited Drags Nigeria Bottling Company To Court

Rite Foods Limited has dragged the Nigeria Bottling Company (NBC) to the Federal High Court in Lagos for brand name encroachment.

It told the court that NBC’s Predator caffeinated drink is in similarity of it’s caffeinated drink, Fearless.

The case with the suit No: FHC/L/CS/92/2021, was documented by the offended party, Rite Foods Limited, on January 20, 2021.

In the claim, the offended party petitioned for a between time order against the respondent, NBC, limiting it from utilizing any business advancement material for its Predator caffeinated drink in a way that it encroaches until the interlocutory application for directive is resolved.

According to Rite Foods, it owns the exclusive right to the ‘get up’
which has been a mark of identifying its market leading Fearless energy drink brands.

It expressed that with the alleged infringement by NBC, consumers may likely assume that the energy drinks in the case are from one source.

Further procedures for the case at the Federal High Court are scheduled for March 24, 2021.

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  • Chidiebere Onuorha , March 24, 2021 @ 4:35 pm

    NBC TO VIGOROUSLY CONTEST CASE AGAINST RITE FOODS

    Lagos, Nigeria: Tuesday, March 23: We note recent media coverage relating to the legal case between Rite Foods Limited and Nigerian Bottling Company Limited ‘’NBC’’, regarding the Predator Energy drink. Given that the case is now going through the due legal process, we are limited in what we can say publicly.
    However, in the interest of clarity and accuracy, both NBC and Predator Energy would like to make two things 100% clear: firstly, we are well within our rights to continue to sell the Predator products and secondly, neither NBC nor its Managing Director, is in breach of any court order.
    Naturally, we will contest the case vigorously and after due consideration of the merits of the case we are confident that the Court will confirm our rights based mainly on the facts that the bottles and logos are not confusingly similar and Predator Energy’s established use of the Predator brand and logo in many other markets around the world.
    SIGNED
    NBC

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