By Onyewuch Ojinnaka, Judiciary Correspondent
The legal tango between the Nigerian Bottling Company Limited, one of the biggest companies in the non-alcoholic beverage industry in the country, and Rite Foods Ltd, manufacturers of Bigi Drinks, Rite and Bigi Sausages and Fearless Energy Drinks, may finally be settled on May 5.
The two companies are embroiled in a legal tussle over rightful ownership of the logos of their energy drinks
NBC had on Thursday 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.
NBC, the sole franchise bottler of the Coca-Cola Company in Nigeria, 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.
NBC’s counsel Mr Oluseye Opesanwo SAN 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.
In the suit, marked FHC/L/CS/92/2021, both firms are locked in battle over similarities in 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 that Predator’s lion insignia bears a striking resemblance to the Fearless. But NBC denied any claim of trademark violation vowing to contest the case in court.
In a press statement on Tuesday, NBC said it had noted “recent media coverage relating to the legal case between Rite Foods Limited and Nigerian Bottling Company Limited (NBC’) regarding the Predator Energy drink.”
Though the company said that given the fact that the case was now going through due legal process, it would be mindful of its public comments, it, nevertheless, contended that “in the interest of clarity and accuracy, both NBC and Predator Energy would like to make two things 100% clear: first, we are well within our rights to continue to sell the Predator products and second, neither NBC nor its Managing Director, is in breach of any court order.”
NBC claimed that Predator logo had been in existence and in use in many markets outside of Nigeria prior to the launch of Fearless by Rite Foods in the Nigerian market.
Justice Aneke fixed May 5, 2021, for ruling after hearing both parties’ applications and counter applications.