Cola-Cola, Pop-Cola in Court over Trademark
The Coca-Cola Bottling Company has dragged Mamuda Beverages Nigeria Limited, the producers of Pop-Cola to the Federal High Court in Kano over trademark infraction.
Pop-Cola hit the market in June 2021 and has since been engaged in extensive marketing, especially in Kano State.
In a Motion Exparte filed by Coca-Cola, the company said the ‘RIBBON device’ used by Mamuda Beverages in Pop-Cola is a trade mark identified with its product, thereby occasioning confusion among its customers.
According to the motion “the defendant (Mamuda Beverages Nigeria limited) is distributing and advertising its Pop-Cola products in get up that consists exclusively of a combination of all of the elements that comprise the applicant’s famous Coca-Cola trade dress.
“The dependant’s use of the trade marks ‘Ribbon device’ and ‘Pop-cola’ in special script amounts to an infringement of applicant’s right of exclusivity of use of the marks ‘coca-cola’ script and ‘dynamic ribbon device’ and is liable to create confusion to the general public, foreign and international, as to the likelihood of an association between the Applicant and the Defendant.”
Coca-Cola claimed that it is the proprietor of trade mark ‘Coca-Cola (script)’ and ‘dynamic ribbon device’ both in Nigeria and worldwide, adding that the marks have been registered by the company in numerous countries across the world including in Nigeria.
Coca-Cola prayed for an order of interim injunction restraining the Mamuda Beverages, its employees or agents from using, affixing or displaying on any of its products, vehicle, stationery, advertisement, putting to commercial use in any manner or form for the purpose of commercial benefit or otherwise, the ‘ribbon device’ and the special script in which the ‘Pop-Cola’ has been depicted on its advertising materials that is similar to ‘Coca-Cola (script)’ and ‘dynamic ribbon device’ trade mark pending the determination and hearing of Motion on Notice.
At the hearing on Tuesday, Coca-cola filed a further affidavit and other documents, and Defendant’s counsel, George Ogunyomi applied for time to respond.
The trial judge, Muhammad Nasir-Yunusa, adjourned the matter to December 11 for hearing to continue.
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