Coca Cola vs Pop Cola trade war: Court fix June  21 for hearing

 

Coca Cola vs Pop Cola trade war: Courts fixes  June  21st for hearing

By Abdulgafar Oladimeji

The Federal High court no 2 sitting in Kano has fixed June 21st for hearing into the trademark dispute between renown beverage producer Coca Cola  versus Pop Cola.

Our  correspondent reports that at the last court  sitting the matter  was adjourned to 25th April for hearing.

The matter failed to proceed on the slated date,  due to the Federal High Court  judge presiding over the matter  was yet to resume   back to work from Easter break.

 

It would be recalled that the e  federal high court sitting in Gyadi Gyadi  Kano had  earlier dismissed an  Interlocutory Application filed  by the  manufacturers of   Coca Cola brand requesting the court to stop Pop Cola brand from carrying out commercial activities in Nigeria, pending the determination of the substantive matter.

 

Coca Cola in an interlocutory application had prayed the court  for its order restraining the respondents from  further  using the  systematic ribbon devise  presently been displayed  on Pop Cola beverage  products.

 

The plaintiff applicant through its counsel, Mark Emordi , SAN further prayed for an order of the court  to stop Pop Cola from advertising and displaying of its  goods that are similar to Coca Cola.

 

Further in their  prayers, Coca Cola prayed that the court should  order Pop Cola to stop using the strip  on their  beverage products , for sales and advert purposes. arguing that the act  is  infringing on the trade mark of Coca Cola.

 

Counsel to the plaintiff, Mark Emordi , SAN told the court that Coca Cola has invested hugely in building a brand name that enjoys global good will.

 

He further stated that, if the court should allow Pop Cola to continue to trade its products in the  Nigerian market , its  trade activities  would  amount to an irreparable damage to Coca Cola brand.

 

The plaintiff submitted that Pop Cola has  caused   confusion  among consumers through the use of similar systematic ribbon been used by Coca Cola, adding that the act amounts to an infringement and causing disillusion and   needed to  be restrained, pending the determination of the substantive matter.

 

The defendant respondent filed a response through, Offiong Offiong , SAN, dismissing the claims to legal rights been alluded to the matter by the respondents.

 

 

The court presided over by Hon Justice Nasir Yunus ruled  that the plaintiff applicant could not establish that irreparable damages will occur, if the court failed to restrain Pop Cola from carrying out its trade, noting that the issue before the court for determination does  not  revolve around  perishable

 

The court  had at the last  sitting in the litigation  adjourned to 25th April, for hearing, though failed to proceed on the adjourned  date.

Our checks  with the  Federal high court registry in Kano revealed that the matter is now slated for 21st June, 2022, for hearing.

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