The Coca-Cola Company has sued Mamuda Beverages Nigeria Limited, the manufacturers of Pop-Cola drinks, before a Federal High Court in Kano over allegation of trademark infringement.
Pop-cola was launched in June, 2021, by Mamuda Beverages Nigeria Limited and it has since become one of the most popular soft drink brands in Kano, Nigeria’s commercial centre.
In an ex-parte motion filed before the court, 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 causing the mark to be confusingly similar to 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 company 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’ trademark pending the determination and hearing of the motion on notice.
Coca-Cola also said it has invested considerably over the years in the promotion and advertisement of its product through the trademarks.
It, therefore, said Mamuda’s use of the trademarks “Ribbon device” and “Pop Cola” in special script amounts to an infringement of Coca-Cola’s right of exclusivity of use of its trademarks.
Meanwhile, the presiding judge, Justice Muhammad Nasir-Yunusa, adjourned the matter to December 11 for hearing.