A Federal High Court in Kano has fixed January 31, 2022 for the continuation of the trademark infringement case between the Coca-cola Company and Mamuda Beverages, makers of Pop-Cola drinks....CONTINUE READING THE FULL ARTICLE>>>
Daily Trust reported that the two companies were at loggerheads due to the similarity in trademark logo.
Coca-cola had taken Pop Cola to court over the alleged theft of its product identity causing confusion among customers.
Coca-Cola is accusing Mamuda of using a ‘Ribbon device’ trademark that is near identical to its ‘dynamic ribbon device’ trademark as well as depicting its Pop-Cola product in a script that mimics and causes the mark to be confusingly similar to the Coca-Cola trademark.
The applicant told the court it is the proprietor of the trademarks “Coca-Cola (Script) and Dynamic Ribbon device both in Nigeria and worldwide with Trade Mark Nos: 71808 and 26655.
It, therefore, seeks an order of 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 device’ and the special script in which the ‘Pop-Cola’ has been depicted on its advertising materials that are similar to ‘Coca-Cola (script)’ and ‘Dynamic Ribbon Device’ trademark pending the determination and hearing of the motion on notice.
In his response, counsel to Mamuda Beverages Nigeria limited, Offiong Offiong, argued that under trademark law one can only register a word not an alphabet, noting that the ‘C’ in cola is an alphabet not a word.
