Trademark war between carbonated drink brands, Coca-Cola and Pop Cola got more tensed on Tuesday after the Federal High Court sitting in Kano refused to grant an interlocutory injunction earlier sought by the former.
Naija News understands that Coca-Cola had filed a suit against manufacturer of Pop Cola, Mamuda Beverages Nigeria limited, accusing ‘leveraging’ on its brand identity to market it’s (Pop Cola) products.
Cola Cola prayed the court to grant an interim injunction restraining the defendant, its employees or agents from using, affixing or displaying on any beverage product, vehicle, stationery, advertisement, putting to commercial use in any manner or form for the purpose of commercial benefit or otherwise, the ‘ribbon devise’ and the special script in which the Pop Cola has been depicted in its advertising materials that are similar to Coca-Cola, ribbon devise, pending the determination and hearing
However, in his ruling on Tuesday, the High Court judge, Justice Muhammad Nasir Yunusa ordered an accelerated hearing in the case instead.
Yunusa admitted that granting an interlocutory injunction is the discretionary power of the court.
He, however, noted that in a case of this nature, it is important for the judge to hear all facts from all parties to enable the court to determine the substantive suit at the end of the trial.
“I hereby ordered accelerated hearing rather than granting an interlocutory injunction,” Justice Yunusa ordered.
Meanwhile, counsel to Pop Cola, Offiong Offiong (SAN), had argued that his client has invested fortunes in trading and promoting its products, adding that counsel to Coca-Cola has failed to support his claim with supportive legal authorities.
Offiong further submitted that the claim of Cola-Cola against Pop Cola was not for the legal right but competitor war.
Justice Nasir Yunusa adjourned the case to April 25, for an accelerated hearing.