COCA COLA SUE POP COLA TO COURT FOR IDENTITY THEFT

 

The Coca-Cola Company has sued Mamuda Beverages Nigeria Limited, the makers of Pop-Cola, for trademark infringement in Kano's Federal High Court. 

Pop-Cola was introduced in June of this year to much fanfare, with Governor Abdullahi Ganduje serving as the drink's chief promoter. 

According to a copy of the motion exparte obtained by KANO FOCUS, a Kano-based online publication, Coca-Cola accuses Mamuda Beverages of using a 'RIBBON device' trademark that is nearly identical to its 'dynamic ribbon device' trade marks, as well as depicting its Pop cola product in a script that mimics and causes the mark to be confusing.

“the defendant (Mamuda Beverages Nigeria limited) is distributing and advertising it’s Pop cola products in get up that consists exclusively of a combination of all of the elements that comprise the applicant’s famous Coca-cola trade dress.

“The defendant’s use of the trade marks ‘Ribbon device’ and ‘Pop-cola’ in special script amounts to an infringement of applicant’s right of exclusivity of use of the marks ‘Coca-Cola’ script and ‘dynamic ribbon device’ and is liable to create confusion to the general public, foreign and international, as to the likelihood of an association between the applicant and the dependant.”

It was gathered that Coca-Cola asserted that it is the owner of the trademarks 'coca-cola (script)' and 'dynamic ribbon device' in Nigeria and around the world, and that the marks had been registered in a number of countries, including Nigeria. 

It therefore requests an order "restraining the defendant, its employees or agents from using, affixing or displaying on any beverage product, vehicle, stationery, advertisement, or putting to commercial use in any manner or form for the purpose of commercial benefit or otherwise, the 'ribbon device' and the special script in which the 'pop-cola' has been depicted on its advertising materials that is similar to 'coca-cola' (script)' and 'dynamic ribbon device' trade mark is on hold pending the outcome of a move on notice hearing. 

However, when the case was brought for a hearing on Tuesday, Coca-lawyer cola's produced a new affidavit and additional documents. 

George Ogunyomi, counsel for the defendant, urged the court to rule that it would be unjust to continue the case without giving the defendant opportunity to react to the plaintiff's further affidavit. 

The case was rescheduled for a hearing on December 11 by trial judge Muhammad Nasir-Yunusa.