Rite Foods has asked Justice A.L. Allagoa of the Lagos Federal High Court to convict the Managing Director of the Nigerian Bottling Company (NBC), Mathieu Seguin, for contempt of court.
In an application through its counsel, Muyiwa Ogungbenro, Rite Foods sought committal of Seguin for disobeying the interim injunction to appear in court under Justice Aneke of the Federal High Court, issued on February 9, 2021, which was later set aside after months of contempt.
He argued that since the case has been transferred to Justice Allagoa’s court, there was a need for convicting the NBC’s MD on the premise that the alleged contemnor should have been punished before the contempt proceedings were set aside, taking into consideration the long period before the motion was discharged.
But Oluseye Opasanya, NBC’s lawyer, requested enough time to respond to the claim by Rite Foods, insisting that the motion for conviction of the contemnor should be continued under Hon. Justice Allagoa, as Hon. Justice Aneke cannot hear his own case which sets aside the interim injunction.
According to the application of committal, the NBC and its MD are restrained from promoting or using any material for its predator energy drink in a manner that infringes or passes off Rite Foods’ Fearless energy drinks.
The documents also stated that NBC and its MD were in breach of the court order for failing to remove from the public domain, promotion materials already released, including those released through Taaooma.
The alleged trademark infringement, according to Rite Foods, has damaged its goodwill and it is seeking relief which includes injunctions and damages for its loss.
The case has been adjourned to November 15 for further hearing