Rite Foods challenges NBC alleges trademark infringement as court adjourns hearing

The proceedings continue yesterday, at the federal High court Ikoyi as counsel to Rite Foods, Muyiwa Ogungbenro and that of Nigerian Bottling Company’s managing director, Oluseye Opasanya (SAN), were once again back to the trenches on the legal implications of NBC‘s alleged infringement ‘ “Fearless” energy drinks from the stable of Rite Foods.

The contempt proceedings is coming up for the third time as a case brought by Rite Foods against the NBC and its Managing Director, Mathieu Seguin, came up for the second time before Hon. Justice Allagoa of the Federal High Court in Lagos, on Wednesday, September 22, 2021.

As the applications for the hearing of the contempt proceedings brought against NBC and its Managing Director is still ongoing and the Rite Foods legal team are insisting that the contempt order must be obeyed by NBC, however in the interim the court had adjourned the case to November 15, 2021, for further hearing.

  The contempt proceeding is an offshoot of a claim filed by Rite Foods alleging passing-off by NBC of its Fearless energy drinks.

In the claim, which is before Hon. Justice Aneke, Rite Foods obtained interim injunctions against NBC to stop it from advertising or promoting its Predator energy drink in a manner that is capable of infringing on its Fearless energy drinks. Rite Foods alleges that NBC and its Managing Director, Mathieu Seguin disobeyed the interim order.

By the contempt proceedings, Rite Foods is seeking orders committing NBC’s managing director to prison until the company obeys the injunctions.