NBC Vows To Contest Case Against Rite Foods

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Nigerian Bottling Company Limited (NBC) has vowed to contest the lawsuit filed against it by Rite Foods Limited, over its Predator Energy Drink trademark infringement allegation.

Recall, in the suit No: FHC/L/CS/92/2021, the plaintiff, Rite Food Limited, manufacturer of Fearless Energy Drink, 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.

According to a statement released by the company, NBC vowed to contest the lawsuit, “We note recent media coverage relating to the legal case between Rite Foods Limited and Nigerian Bottling Company Limited ‘’NBC’’, regarding the Predator Energy drink. Given that the case is now going through the due legal process, we are limited in what we can say publicly. 

“However, in the interest of clarity and accuracy, both NBC and Predator Energy would like to make two things 100% clear: firstly, we are well within our rights to continue to sell the Predator products and secondly, neither NBC nor its Managing Director, is in breach of any court order. 

“Naturally, we will contest the case vigorously and after due consideration of the merits of the case we are confident that the Court will confirm our rights based mainly on the facts that the bottles and logos are not confusingly similar and Predator Energy’s established use of the Predator brand and logo in many other markets around the world.”

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