A Federal High Court, Lagos on Monday fixed December 1, 2021, to deliver a ruling on contempt proceedings filed by Rite Foods against the Managing Director of Nigerian Bottling Company(NBC), Mathieu Seguin over alleged trademark infringement.
Although NBC had earlier filed an application before the court to dismiss the contempt application, the trial judge, Justice Ambrose Lewis-Allagoa fixed the date for ruling on the application after listening to the argument and submissions of counsel to parties in the suit.
At the resumed proceedings, counsel to NBC’ Managing Director, Oluseye Opasanya informed the court that he filed a motion on notice dated October 18 supported with seven paragraph affidavit together with one exhibit. Opesanya said that he brought a motion to strike out the suit for a number of reasons.
Earlier, counsel to the Nigerian Bottling Company (NBC), Ngo Matins Okonma told the court that he filed an application dated October 15, 2021, and a motion on notice in respect of the application to regularise the application dated November 11.
In his motion on notice, he prayed for the order of the court to set aside the committal proceeding in its entirety including all processes used by the plaintiff in the proceedings.
Opesanya and Okonma argued that “The order upon which the committal proceedings was premised on has been discharged, and set aside by Justice Chukwujekwu Aneke on September 27, 2021″, and hence prayed the court to dismiss the suit and award punitive costs against Rite Foods if it finds no basis for the contempt proceedings.
However, in his response, the plaintiff counsel, Muyiwa Ogungbenro told the court that he filed a counter-affidavit sworn to by Francis Omoniyi, dated 21 October 2021 and a written address to support their case.
He prayed the court to dismiss all applications filed to set aside the contempt proceedings.
It could be recalled that Justice Aneke, on September 27, 2021, upheld the objection filed by NBC’s counsel, suspending further hearing of Rite Foods’ case and discharged the ex-parte order granted Rite Foods against NBC and its privies.
The court also refused Rite Foods’ motion for an interlocutory injunction seeking to prevent NBC from marketing or distributing Predator Energy drink in Nigeria.
Although the court agreed with the plaintiff that the instant suit is not an abuse of the court process, but held that “to avoid confusion, this court will cease from further hearing of this suit to allow other suits go on. I, therefore, discharge the order made by me to allow the instant suit go on.”
When the matter came up for hearing before Justice Lewis-Allagoa, Oluseye Opasanya and Mark Mordi, counsel to NBC and its Managing Director informed the court that since Rite Foods’ Counsel had failed to withdraw the contempt suit, they had no option than to file a formal motion to have the contempt suit dismissed with substantial costs against Rite Foods.
NBC said that there has been no trademark violation or passing off with its Predator Energy drink and maintains that the Predator brand logo had been in existence and in use in many markets even prior to the launch of Fearless by Rite Foods in the Nigerian market.
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