Predator/Fearless Energy Drink: NBC, Rite Foods Suit Resumes Sept 22

A Federal High Court in Lagos, on Monday 12th July, 2021, adjourned till September 22, proceedings in the suit between Nigerian Bottling Company (NBC) Ltd and Rite Foods Ltd.

In the suit, marked FHC/L/CS/92/2021, both firms are locked in battle over alleged similarities or not 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.

It has also prayed the Court to set aside an ex-parte injunction obtained by Rite Foods Ltd against the continued promotion the 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 Seguin, for alleged disobedience to the interim order.

The suit, formerly before Justice Chukwujeku Aneke, is now before Justice Lewis Allagoa.

NBC’s counsel, Mr Mark Mordi,  had told Justice 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.

When the matter came up before Justice Allagoa, he fixed the September 22 date for hearing of preliminary   applications in the suit.