Rite Foods Ltd has appealed the ruling of Justice Lewis Allagoa of a Federal High Court in Lagos which set aside contempt proceedings against the Managing Director of Nigerian Bottling Company (NBC), Mattieu Seguin. New Telegraph gathered that the appeal which was filed yesterday by Rite Foods legal team was to challenge Justice Allagoa’s ruling which cleared NBC’s MD of contempt. The judge had in a ruling on Wednesday set aside the committal proceedings initiated by Rite Foods Ltd, against Seguin over allegations of trade mark infringement.
Rite Foods had initiated the contempt proceedings against NBC and its Managing Director, over issues bordering on alleged infringement on the Lion head trademark of its “Fearless” energy drinks. The substantive passing-off suit was filed by the plaintiff, before Justice Chukwujekwu Aneke sometimes in March 2021 in a suit marked; FHC/L/CS/92/2021. In it, the plaintiff (Rite Foods) alleged that the defendant (NBC) infringed on its trademark with its Predator energy drink, by adopting a Lion head similar to same mark on its Fearless energy drink brand.
The plaintiff claims that it has been trading with the lion image since 2017 before the NBC’s Predator drink came into the market in 2020. Plaintiff, had consequently, sought exparte orders before Justice Aneke, restraining the defendants from passing off on its energy drink, in a manner that is capable of infringing on its brand.