NBC in Lawsuit over its Predator Energy Drink Trademark Infringement Allegation

The Nigeria Bottling Company (NBC) has been dragged to court for alleged trademark infringement on its energy drink, Predator , with a mark similar to the well-liked market leader, a product of Rite Foods Limited.

As contained in the ThisDay and Guardian newspapers editions of Friday, 19^th of March, 2021,contempt proceedings have been commenced against the managing director of NBC by Rite Foods Limited at Federal High Court, in lkoyi, Lagos.

In the suit No: FHC/L/CS/92/2021, the plaintiff, Rite Food Limited, filed a motion ex parte of 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 injunction is determined.

The infringement is against the holder’s right of Rite Foods Limited, as the exclusive owner of the mark for identification of its products within the country.

Investigation reveals that the 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, which made entrant in June 2020.

Rite Foods pointed out 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 it, 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.

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