Fearless vs Predator: NBC vows to contest alleged infringement on trademark against Rite Foods

*The Nigerian Bottling Company Limited says it is ‘well within our rights to continue to sell the Predator products’, and neither NBC nor its Managing Director is in breach of any court order 

Emmanuel Akosile | ConsumerConnect

The Nigerian Bottling Company Limited (NBC) has said that it noted recent media reports relating to the legal case between the company and Rite Foods Limited regarding the Predator Energy drink.

ConsumerConnect had reported that Rite Foods Limited has filed a legal suit against the NBC before the Federal High Court, in Lagos, alleging infringement on its trademark on the former’s ‘Fearless’ energy drink.

However, the Nigerian Bottling Company Limited in a statement issued by Mr. Chidiebere Onuorha, Senior Consultant, Tuesday in Lagos, and made available to ConsumerConnect, said “given that the case is now going through the due legal process, we are limited in what we can say publicly.”

The company stated that in the interest of clarity and accuracy, both NBC and Predator Energy would like to make two things 100% clear.

The statement said: “Firstly, we are well within our rights to continue to sell the Predator products; and secondly, neither NBC nor its Managing Director, is in breach of any court order.”

The NBC also noted “naturally, we will contest the case vigorously and after due consideration of the merits of the case, we are confident that the Court will confirm our rights based mainly on the facts that the bottles and logos are not confusingly similar, Predator Energy’s established use of the Predator brand and logo in many other markets around the world.”

The plaintiff, Rite Foods Limited, had filed a motion ex parte for an interim injunction against the defendant, NBC, restraining it from further 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.

The plaintiff has alleged that trademark infringement of its product by NBC negated the common law property right in the goodwill of “Fearless” energy drinks and Trademarks Act, Cap T 13, Laws of the Federation of Nigeria 2004, which offers exclusive rights to get ups and designs of products already in use by it.