By Jude-ken Ojinnaka
The contempt proceedings brought by Rite Foods against the NBC and its Managing Director, Mathieu Seguin before a Federal High Court sitting in Lagos has been adjourned till October 27 for further hearing.
At the resumed hearing of the matter before Justice Allagoa after the court vacation, a heated argument ensued between counsel to Rite Foods, Muyiwa Ogungbenro and counsel to Nigerian Bottling Company’s managing director, Dr Khrushchev Ekwueme, on NBC‘s alleged infringement on Rite Foods’ “Fearless” energy drinks.
In the contempt proceedings which came up for the second time before Justice Allagoa on Wednesday, NBC and its Managing Director moved their applications for the extension of the time to file responses.
The court granted the applications as moved and subsequently adjourned the case to October 27, 2021, for further hearing.
The contempt proceeding is an offshoot of a claim filed by Rite Foods alleging passing-off by NBC of its Fearless energy drinks.
In the claim, which is before Justice Chukwujekwu Aneke of the same jurisdiction, Rite Foods obtained interim injunctions against NBC, stopping it from advertising or promoting its Predator energy drink in a manner that is capable of infringing on Rite’s Fearless energy drinks.
Rite Foods alleges that NBC and its Managing Director, Mathieu Seguin disobeyed the interim order.
By the contempt proceedings, Rite Foods is seeking orders committing NBC’s managing director to prison until the company obeys the injunctions.
Recall that the passing-off case came to light sometime in March 2021 in Suit No: FHC/L/CS/92/2021 at the Federal High Court, Lagos. Form 48 was published on Friday, March 19, 2021, in ThisDay and Guardian Newspapers.
Rite Foods alleged that NBC infringed on its trademark with its Predator energy drink by adopting a lion head in resemblance of the mark on its Fearless energy drinks brand.
Rite Foods further claims that it has been using and trading with the lion image since 2017, three years before NBC’s Predator came into the market in 2020.
The contempt suit contains notice of consequences of disobedience of court order issued to NBC’s Managing Director and an ex-parte order restraining the company from 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.