Coca Cola sue PopCola to court over trademark ‘theft'

Pop-Cola was launched in June this year amid jubilation and fanfare, with the Governor Abdullahi Ganduje showing up as chief promoter of the soft drink.

Popular Coca-Cola Company has sued Mamuda Beverages Nigeria limited, the producers of Pop-Cola, to Federal High Court, Kano over similar brand name theft.

A copy of motion ex parte acquired by KANO FOCUS, a Kano-based online publication, made known that the coca-cola is blaming Mamuda Beverages companies of using a ‘RIBBON device’ registered name that is near similar to it’s ‘dynamic ribbon device’ brand-name as well as relate it’s Pop cola product in a copy that imitates and causing the trade mark to be confusingly similar to Coca-Cola trademark.

According to the motion ex parte “the defendant (Mamuda Beverages Nigeria limited) is marketing and advertising it’s Pop cola products in a way that contains entirely of a similarity of all of the components that comprise the applicant’s famous Coca-cola trade mark.

“The defendant’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 dependant.”

According to the news, the Coca-Cola confirmed that it is the proprietor of tarde mark ‘coca-cola (copy)’ and ‘dynamic ribbon device’ both in Nigeria and worldwide, adding that the trade dress have been registered by the company in different countries across the world including in Nigeria.

So, However, seeks an order of interim injunction “restraining the defendant, it’s employers or agents from using, affixing or showcasing on any other beverage product, vehicle, advertisement, stationaries putting to promotional use in any act or manner for the purpose of advertisement benefits or otherwise, the ‘ribbon device’ and the special script in which the ‘pop-cola’ had imitates  on its commercial materials that is identical to ‘coca-cola (script)’ and ‘dynamic ribbon device’ trade mark suspending the purpose and hearing of motion on notice.

However, on Tuesday when the matter was called on for hearing, counsel to Coca-cola filed an additional affidavit and subsequent documents.

Counsel to the defendant, George Ogunyomi, motivated the court to hold that it wouldn't be just for the matter to continue without allowing time for the defendant to respond the said forward affidavit just filed by the plaintiff.

The trial judge Muhammad Nasir-Yunusa postponed the matter to 11th of December, for further hearings.

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