Home JUDICIARY Coca Cola vs Pop Cola trade war: Courts fixes June 21 for...

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

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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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