The Coca–Cola Company took Mamuda Beverages Nigeria limited, the makers of Pop-Cola, to the Federal High Court in Kano for trademark theft.
Pop-Cola was launched in June this year with great fanfare, with Governor Abdullahi Ganduje appearing as the main promoter of the drink.
A copy of exparte motion obtained by KANO FOCUS, a Kano-based online publication, shows that Coca-Cola accuses Mamuda Beverages companies of using a “RIBBON device” trademark that is almost identical to its “device” brands. dynamic ribbon ”as well as representing its Pop cola product in a script that mimics and makes the brand confusing and similar to the Coca-Cola brand.
According to the petition, “the defendant (Mamuda Beverages Nigeria limited) distributes and advertises its Pop cola clothing products which consist exclusively of a combination of all of the elements that make up the plaintiff’s famous Coca-cola commercial dress.
“Dependent’s use of the ‘Ribbon device’ and ‘Pop-cola’ brands in special script constitutes a violation of the applicant’s exclusive right to use the ‘Coca-Cola’ script and ‘dynamic ribbon’ brands. device ‘and is responsible for creating confusion among the general public, foreign and international, as to the likelihood of an association between the applicant and the dependent.
According to the report, Coca-Cola claimed to be the owner of the late brand “coca-cola (script)” and “dynamic ribbon device” in Nigeria and around the world, adding that the brands have been registered by the company in many years. many countries around the world, including Nigeria.
He therefore seeks an interim injunction order “prohibiting the dependent, his employees or agents from using, affixing or displaying on any beverage product, vehicle, stationery, advertising, commercial use of in any way or form for the purposes of commercial benefit or otherwise, the “ribbon device” and the special script in which “pop-cola” has been depicted on its advertising media which is similar to the “coca” brand. -cola (script) ”and“ dynamic tape device ”pending determination and hearing of the notice motion.
However, when the case was called for hearing on Tuesday, Coca-cola’s attorney filed another affidavit and additional documents.
Defendant’s attorney, George Ogunyomi, urged the court to conclude that it would not be fair for the case to proceed without giving the defendant time to respond to the additional affidavit that the plaintiff has just filed.
Trial judge Muhammad Nasir-Yunusa adjourned the case to December 11 for a new hearing.
