Energy Drink: Firm Files Contempt Charge Against NBC, MD

Rite Foods Limited, a Foods and Beverages Company, has filed an application of committal against the Nigerian Bottling Company (NBC) and its Managing Director at a Federal High Court in Lagos for alleged contempt of court.

The Rite Foods’ application for committal states the alleged contemnors, the NBC and its Managing Director (MD), Mathieu Seguin, have disobeyed interim injunctions granted by Hon. Justice Aneke of the Federal High Court on 9th February, 2021.

This is in accordance with the case of trademark infringement and passing-off of its Predator energy drink on the mark of Rite Foods’ Fearless Energy drinks, with the likely intent of confusing consumers to make the wrong choice.

The papers filed by Rite Foods through its lawyer, Muyiwa Ogungbenro of Olajide Oyewole, shows the court would be moved at the instance of Rite Foods for an order committing the contemnors to prison for disobeying a court order.

They alleged the NBC and its MD are restrained from promoting or using any material for its Predator energy drink in a manner that infringes or passes off Rite Foods’ Fearless energy drinks.

The documents also state that NBC and its MD are in breach of the court order for failing to remove from public domain, promotion materials already released through Taaooma.

It further mentioned the NBC’s boss is responsible for the company’s breach of the court orders as Rite Foods alleges that Seguin has the power to command its obedience.

In suit No: PHC/L/CS/92/2021, the plaintiff, Rite Foods Limited, alleged NBC has infringed on its trademark over its Predator energy drink with a lion insignia in resemblance of the mark on its Fearless energy drinks.

The alleged trademark infringement, according to Rite Foods, has damaged its goodwill and is seeking reliefs which include injunctions and damages for its loss.