Rite Foods Limited has filed a lawsuit against the Nigeria Bottling Company (NBC) before the Federal High Court in Lagos for trademark infringement. It told the court that NBC’s Predator energy drink is in resemblance of its energy drink, Fearless.
The case with the suit No: FHC/L/CS/92/2021, was filed by the plaintiff, Rite Foods Limited, on January 20, 2021.
Rite Foods as the plaintiff applied for an interim injunction against the defendant, NBC, to restrain 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 injunction is determined.
It stated that with the alleged infringement by NBC, consumers may likely assume (mistakenly) that the energy drinks in the case are from one source.
According to the food and beverage company, the degree of similarity between the lion symbol on its Fearless brands and the NBC’s Predator energy drink is high, and that since 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.
