Rite Foods Ltd is pushing for the committal to prison of the Managing Director of the Nigerian Bottling Company (NBC), Mathieu Seguin for contempt of court over alleged disobedience of an order of a Federal High Court in Lagos. At the resumed hearing of the matter before Justice Lewis Allagoa on Wednesday, Rite Foods’ lawyer, Muyiwa Ogungbenro, sought for committal of Seguin to prison over his failure to appear in court after contempt proceedings was slammed on him for disobeying an order of the court. In a motion, the lawyer argued that there is a need for the court to hear the contempt proceedings against Seguin despite the fact that the interlocutory injunction violated by him has been set aside. On his part, NBC’s lawyer, Oluseye Opasanya (SAN) sought for more time to respond to Rite Foods’ motion to commit Seguin to prison Further hearing in the matter has been fixed for November 15. In the suit marked FHC/L/ CS/92/2021, Rite Foods and NBC are locked in legal battle over alleged similarities or not in the ‘lion’ logo of their respective drinks.
Rite Foods had on February 9, 2021, filed the suit seeking for an order restraining NBC from further promoting its Predator Energy drink in the Nigerian market. The firm argued that the Predator’s lion insignia bears a striking resemblance to that of Rite Foods’ Fearless drink. However, while denying any claim of trademark violation or passing off with its Predator Energy drink, NBC prayed the court to set aside an ex-parte injunction obtained by Rite Foods against the continued promotion of its drink. NBC further asked the court to dismiss Rite Foods’ committal application brought against its Managing Director, Matthieu Seguin, for alleged disobedience to the interim order.