Fearless vs. Predator: NBC, Rite Foods resume suit September 22

*Rite Foods Limited has instituted a legal action against the Nigerian Bottling Company, praying for an order of the court to restrain the beverage company from further promoting its Predator Energy drink in the Nigerian market

Emmanuel Akosile | ConsumerConnect

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

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.

Recall that Rite Foods Limited had instituted a legal action against the NBC Limited February 9 this year, praying for an order of the court to restrain the Nigerian Bottling Company from further promoting its Predator Energy drink in the Nigerian market.

The food company claimed through Mr. Muyiwa Ogungbenro, its counsel, that ‘Predator’ lion insignia bears a striking resemblance to the ‘Fearless’.

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

The beverage company also prayed the court to set aside an ex-parte injunction obtained by Rite Foods 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 Mr. Matthieu Seguin, Managing Director of NBC, for alleged disobedience to the interim order.

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

The NBC in a statement Monday noted Mr. Mark Mordi, its Counsel, 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.

Mr. Mordi contended that the Predator logo had been in existence and in use in many markets outside 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 September 22 date for hearing of preliminary applications in the suit, said the statement.