The Nigerian Bottling Company on Thursday urged the Federal High Court in Lagos to set aside an ex-parte order obtained by Rite Foods Limited against the promotion of its Predator energy drink in the Nigerian market.
Rite Foods Limited had instituted a suit against the NBC on February 9, 2021, asking for an order of the court to restrain NBC from further promoting the energy drink.
It claimed through its counsel, Muyiwa Ogungbenro, that Predator’s lion insignia bore a striking resemblance to its Fearless drink, but the NBC denied any claim of trademark violation.
The NBC counsel, Oluseye Opesanwo (SAN), told Justice Chukwujekwu Aneke that Rite Foods’ applications were without merit as the suit lacked a firm ground to stand in the law.
He contended that the Predator logo had been in existence and in use in many markets outside of Nigeria before the launch of Fearless drink in the Nigerian market.
Justice Aneke fixed May 5, 2021, for ruling on the applications.
PUNCH