A Federal High Court sitting held in Lagos today, has fixed December 1, 2021, to rule on the application filed by the Nigerian Bottling Company (NBC) Ltd. and its Managing Director, Matthieu Seguin, seeking for the court to set aside the contempt suit filed against them by Rite Foods Limited.
Rite Foods filed the contempt proceedings against NBC and its Managing Director, over matters bordering on alleged infringement on the trademark of its Fearless Energy Drink. In so doing, Rite Foods had sought exparte orders before Justice Aneke, which restrains NBC from passing off on its energy drink, in a manner that is capable of infringing on its brand. However, following an application filed by NBC challenging the validity of the exparte order, Justice Aneke, on September 27, 2021 discharged the exparte order.
At the resumed hearing of the contempt proceedings today before Justice Allagoa, Mr Ngo-Martins Okonma, and Mr Oluseye Opasanya (SAN), representing NBC and its MD respectively, urged the court to set aside the committal proceedings as the exparte order complained of had been discharged by Justice Aneke.
On his part, Opasanya SAN, informed the court that the reason for the instant suit was not because interim orders were made, but that the second defendant was not even a party to the suit. He argued that the contempt suit was initiated by the plaintiff for reasons best known to them, adding that he had also brought an application seeking to strike out the suit.
Counsel to NBC, Mr. Okonma also 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 asked the court to set aside the committal proceeding in its entirety including all processes used by plaintiff in the proceedings.
Subsequently, both counsels for NBC and its MD, argued that since the said order upon which the committal proceedings was premised on has been discharged by Justice Aneke on September 27, 2021, the court cannot proceed to punish an alleged contemnor on the grounds of breach.
NBC prayed the court to set aside the contempt suit and award punitive costs against Rite Foods if it finds no basis for the contempt proceedings. Upon hearing both motions, Justice Allagoa adjourned ruling for the application till December 1, 2021.
Court records prove that NBC continues to assert 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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