Justice Lewis Allagoa of the Federal High Court in Lagos has fixed September 22 for the hearing of all preliminary applications in the suit between the Nigerian Bottling Company and Rite Foods Limited.

Rite Foods Limited had instituted a suit against NBC on February 9, 2021, asking for an order of the court to restrain NBC from further promoting its Predator energy drink in the Nigerian market.

It claimed through its counsel, Muyiwa Ogungbenro, that the Predator’s lion insignia bore a striking resemblance to its Fearless drink, but the NBC denied any claim of trademark violation.

The NBC counsel, Oluseye Opesanwo (SAN), had told the former judge handling the matter, Justice Chukwujekwu Aneke, that Rite Foods’ applications were without merit as the suit lacked a firm ground to stand in the law.

He contended that the Predator logo had been in existence and in use in many markets outside of Nigeria before the launch of Fearless drink in the Nigerian market.

However, the suit which was now before Justice Allagoa has been fixed for hearing of preliminary applications on September 22.