Trade mark dispute: Pop Cola flaws Coca Cola in Court


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.

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