Modupe Gbadeyanka
By Modupe Gbadeyanka
The contempt proceedings suit filed by Rite Foods Limited against the Nigerian Bottling Company (NBC) and its managing director, Mr Mathieu Seguin, at the Federal High Court, Lagos has been adjourned to September 22, 2021.
The matter came up for the first time on July 12, 2021, before Justice Allagoa but the counsel to Rite Foods, Mr Muyiwa Ogungbenro, urged the court to fix another date for the hearing of all pending applications.
He explained that the reason for the request was because there were several applications before the court that Rite Foods needed more time to respond to.
This prayer was not objected to by counsels to the NBC, Mr Marki Mordi, and the MD of NBC, Mr Opasanya (SAN).
During proceedings, Mr Ogungbenro informed the judge that he observed that the NBC and its MD were not in court, emphasising that by judicial authorities, they are required to be in court throughout the proceedings. He asked the court to emphasize to NBC and Mr Seguin’s counsel need to have their clients in court.
In response, Mr Seguin’s counsel argued that his client would be in court at the appropriate time and that his presence was not required when he is challenging the court’s jurisdiction.
But Justice Allagoa pointed out to Mr Opasanya that his client should always be in court even when he is challenging the court’s jurisdiction and Mr Opasanya later apologized for his client’s absence.
On his part, Mr Mordi apologised for his client’s absence, stating that his client was not served with the relevant court forms for the contempt proceedings.
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 Justice Aneke, Rite Foods obtained interim injunctions against NBC to stop NBC from advertising or promoting its Predator energy drink in a manner that is capable of infringing on its Fearless energy drink.
Rite Foods alleged that NBC has disobeyed the interim injunctions. By the contempt proceedings, Rite Foods is seeking orders committing NBC’s managing director to prison until NBC obeys the injunctions.
It will be recalled that the passing-off contention came to light sometime in March, in Form 48, and in Suit No: PHC/L/CS/92/2021, at the Federal High Court, Lagos, published on Friday, March 19, 2021, in ThisDay and Guardian Newspapers, where Rite Foods alleged that NBC has infringed on its trademark with its Predator energy drink, which has adopted a lion insignia in resemblance of the mark on its Rite Foods’ Fearless energy drinks brand, which has been using and trading with the lion imagery three years before the NBC’s Predator came into the market.
The report also contained a notice of consequences of disobedience of court order issued to NBC’s MD, Mathieu Seguin, 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 an injunction is determined.
The case centred on Fearless energy drink which was introduced into the Nigerian market in 2017 and the Predator energy drink, a product of NBC which was introduced into the market in 2020.
It is the contention of Rite Foods Ltd, the makers of Fearless energy drink that its product, Fearless trademark is being passed-off by Predator, a product of NBC.
