The contempt proceedings brought by Rite Foods against the
NBC and its Managing Director, Mathieu Seguin, came up for the second time
before Hon. Justice Allagoa of the Federal High Court in Lagos, on Wednesday,
September 22, 2021.
As the applications for the extension of the time of filing
responses to NBC and its Managing Director was moved, the court granted the
request and subsequently adjourned the case to October 27, 2021, for further
hearing.
The contempt proceeding is an offshoot of a claim filed by
Rite Foods alleging passing-off by NBC of its Fearless energy drinks.
In the claim, which is before Hon. Justice Aneke, Rite Foods
obtained interim injunctions against NBC to stop it from advertising or
promoting its Predator energy drink in a manner that is capable of infringing
on its Fearless energy drinks. Rite Foods alleges that NBC and its Managing
Director, Mathieu Seguin disobeyed the interim order
By the contempt proceedings, Rite Foods is seeking orders
committing NBC’s managing director to prison until the company obeys the
injunctions.
It would be recalled that the passing-off case came to light
sometime in March 2021 in Suit No: FHC/L/CS/92/2021 at the Federal High Court,
Lagos. Form 48 was published on Friday, March 19, 2021, in ThisDay and Guardian
Newspapers. Rite Foods alleges that NBC has infringed on its trademark with its
Predator energy drink, which has adopted a lion head in resemblance of the mark
on its Fearless energy drinks brand.
Rite Foods claims that it has been using and trading with
the lion image since 2017, three years before the NBC’s Predator came into the
market in 2020.
The report also contains notice of consequences of
disobedience of court order issued to NBC’s Managing Director and an ex parte
order restraining the company from 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 injunction is determined.
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