Rite Foods sues NBC for trademark infringement

The Nigeria Bottling Company (NBC) has been sued before the
Federal High Court Lagos by Rite Foods Limited for allegedly
infringing on its trademark.

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 alleged that trademark infringement of its product
by NBC negated the common law property right in the goodwill of
“Fearless” energy drinks and Trade Marks 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.

In an affidavit attached to the suit, the plaintiff stated that
Rite Foods’ “Fearless” energy drinks, which consist of the Red
Berry and Classic brands, were launched into the Nigerian market on
June 15 and 16, 2017, respectively, and has gained a wider market
share before the NBC’s “Predator’ brand which made entrant in June
2020. And based on the time factor, the plaintiff claimed that the
trademark has been in use by the Rite Foods’ brands before NBC’s
“Predator” drink was launched into the market.

The plaintiff claimed it owns the exclusive right to the get-up
which has been a mark of identifying its “Fearless” energy drink
brands.

It stated that with the infringement by NBC, consumers are
likely to assume (mistakenly) that the aforementioned energy drinks
in the case are from one source.

According to the company, because of the degree of similarity
between the lion symbol on its “Fearless” brands and NBC’s
“Predator” energy drink is high, considering that both compete in
the same market spectrum, the mark is likely to cause confusion in
the minds of consumers about the source or sponsorship of the
brands offered under the defendant’s mark.

Further hearing in the case has been slated for March 24.

The Nigeria Bottling Company (NBC) has been sued before the
Federal High Court Lagos by Rite Foods Limited for allegedly
infringing on its trademark.

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 alleged that trademark infringement of its product
by NBC negated the common law property right in the goodwill of
“Fearless” energy drinks and Trade Marks 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.

In an affidavit attached to the suit, the plaintiff stated that
Rite Foods’ “Fearless” energy drinks, which consist of the Red
Berry and Classic brands, were launched into the Nigerian market on
June 15 and 16, 2017, respectively, and has gained a wider market
share before the NBC’s “Predator’ brand which made entrant in June
2020. And based on the time factor, the plaintiff claimed that the
trademark has been in use by the Rite Foods’ brands before NBC’s
“Predator” drink was launched into the market.

The plaintiff claimed it owns the exclusive right to the get-up
which has been a mark of identifying its “Fearless” energy drink
brands.

It stated that with the infringement by NBC, consumers are
likely to assume (mistakenly) that the aforementioned energy drinks
in the case are from one source.

According to the company, because of the degree of similarity
between the lion symbol on its “Fearless” brands and NBC’s
“Predator” energy drink is high, considering that both compete in
the same market spectrum, the mark is likely to cause confusion in
the minds of consumers about the source or sponsorship of the
brands offered under the defendant’s mark.

Further hearing in the case has been slated for March 24.