Trademark: Court Fixes Dec 1 to Rule on Contempt Proceedings against NBC, Other

Wale Igbintade

A Federal High Court in Lagos yesterday fixed December 1, 2021, to rule on whether or not to commence a contempt proceeding against the Nigerian Bottling Company (NBC) and its Managing Director, Mattieu Seguine, over alleged trademark infringement.

Rite Foods had on February 9, 2021, through an Exparte application marked FHC/L/CS/92/2021, asked the court for an order restraining NBC from further promoting its Predator Energy drink in the Nigerian market, and the application was granted by Justice Chukwujekwu Aneke .

While the exparte order was subsisting, NBC was alleged to have refused to comply with the order, consequently, the plaintiff (Rite Food Limited) had to institute a contempt proceedings against the soft drinks manufacturing giant for the alleged disobedience to court order.

At the resumed hearing of the suit yesterday, the counsel for NBC, Mr. Ngo-Martin Okonmah, and that of the NBC’s, managing director, Oluseye Opasanya (SAN), urged the court to set aside the committal proceedings as the exparte order complained of has been lifted.

They argued that the order upon which committal proceedings was premised has been discharged and set aside by Justice Chukwujekwu Aneke on September 27, 2021.

They prayed the court to dismiss contempt suit and award punitive costs against Rite Foods if it finds no basis for the contempt proceedings.

They, therefore, urged the court to set aside the motion for contempt and other processes leading to it.

In his counter affidavit asking the court to dismiss the contepmnors’ motion to set aside the committal proceedings, counsel to Rite Food, Mr. Muyiwa Ogungbemiro, submitted that contrary to the position of counsel to the contepmnors, the court has the authority to punish a contempnor for an offence committed during the pendency of an order.

Ogungbemiro added that the order of the court was violated during the pendency of the order, and this require that the violator must be punished for such act.

Following arguments by both sides, the trial Judge, Justice Lewis Alagoa, adjourned ruling on the application till December 1, 2021.

The claimant said it has been using and trading with the lion image since 2017, three years before the NBC’s Predator Energy drink came into the market in 2020.

Rite Foods alleged that NBC has infringed on its trademark with its Predator Energy drink, which has adopted a lion head in resemblance to the mark on its Fearless Energy drinks brand.

Rite Foods in the suit is accusing NBC and its managing director of using its Fearless Energy drink’s logo on their Predator Energy drink.

NBC denied any claim of trademark violation or passing off with its Predator Energy drink, vowing to contest the case vigorously in court.