Nigerian Bottling Company (NBC) in a press release exclusively sent to Nairametrics has disclosed that the company is set to contest the court case filed by Rite foods Limited against the promotion of its Predator energy drink.
This move by NBC is a reaction to the recent media coverage relating to the legal case between Rite Foods Limited and the company, on the grounds of trademark infringement, as Rite believes NBC’s Predator energy drink bears a close resemblance to its Fearless energy drink.
In line with these claims, Rite filed for an interim injunction against NBC, restraining it from promoting or using any sales promotion material for its Predator energy drink in a manner that is capable of infringing or passing off Fearless energy drink until the interlocutory application for an injunction is determined.
The management of the leading beverage drink maker, in reaction to the court case, disclosed that NBC is well within its rights to continue to sell the Predator products, adding that neither the company nor its Managing Director, is in breach of any court order.
NBC noted that the court case will be vigorously contested and the management is confident that after due consideration of the merits of the case, the Court will confirm its rights based on Predator energy drink’s established use of the Predator brand and logo in many other markets around the world and the fact that the bottles and logos of both drinks are not confusingly similar.