Trade mark dispute: Pop Cola flaws Coca Cola in Court
By Abdulgafar Oladimeji
A federal high court sitting in Kano, Tuesday dismissed the 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.
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 good 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 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.
Offiong argued that the issues between Coca Cola and Pop Cola is purely a matter of trade dispute, adding that the plaintiff applicant have failed to prove the laid claims of an infringement on it’s legal rights .
The court in its ruling stated that, Coca Cola in the application for an interlocutory order of the court has failed to show the ingredients for balance of convenience.
The court presided by Hon Justice Nasir Yunus further in the ruling, stated 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 goods.
The court refused to grant the application by Coca Cola, stressing that, Coca Cola failed to lay down issues that conform with the conditions that are needed to be fulfilled to obtain such orders that were prayed to the court.
The court said that, it is of the position that the matter should be to exhausted through an accelerated hearing and so ordered .
The matter is adjourned to 25th April, for hearing.