Rite Foods vs NBC: Battle over use of lion insignia rages on
By Oghale Mafuru
The battle for the right to use the lion insignia rages on fiercely as either side of the divide is unwilling to concede to the other. This legal warfare is likened to the biblical tussle for supremacy between David and Goliath. As always, one will eventually emerge the winner as the case now sits before the court awaiting judgement.
Rite Foods Ltd, leading FMCG company had filed the suit marked FHC/L/CS/92/2021 against the NBC on February 9, 2021, asking the court to restrain NBC from further promoting its Predator Energy drink in the Nigerian market over alleged similarities between the logos of their energy drinks.
The company had argued that Predator’s lion insignia bears a striking resemblance to the Fearless, claiming that Rite Foods’ Fearless energy drinks, which consist of the Red Berry and Classic brands, were launched into the Nigerian market on June 15 and 16, 2017, respectively, and has gained a wider market share before the NBC’s Predator brand which made entry in June, 2020.
While the company maintains that the trademark has been in use by the Rite Foods’ brands before NBC’s Predator drink was launched into the market, the Nigerian Bottling Company denied any claim of trademark violation or passing off with its Predator Energy drink vowing to contest the case in court.
Though Justice Lewis Allagoa of the Federal High Court in Lagos adjourned the hearing to September 22, the reality of the implications of this kind of infringement on the brands involved is a daunting one.
Commenting on the impact of trademark infringement on brands, Dr. Kachi Onubogu, Lead Consultant, Zuriel Consulting said: “Any brand infringement has a negative impact on both brands. Consumers are confused and trust is eroded. Like we say, a brand is a product promise and when consumers don’t know what to expect then trust is eroded. It can’t help both brands.”
Speaking further, he said: “Aside the financial damage it causes for both brands, it could also basically kill the brand. In this case, the court should rule against either party and mandates that one does not use the insignia because the entire investment on building recognition and association with that brand is put in jeopardy.”
Dr. Onubogu stated that brands can protect themselves from this kind of infringements by copyrighting their name, logo and colour. They should also trademark all that is important to the brand image and if there is a violation, they should seek redress in a court of public opinion and marketing regulatory agencies.
On her part, COO of SO&U, Mrs. Biodun Adefila, said the similarities between two brands in terms of packaging and particularly the logo design is uncanny.
She said: “In Nigeria where we use a brand name to sell an entire category, Maggi for seasoning, Indomie for noodles etc, the impact of such pass off is high especially in terms of commercial returns. To the unsuspecting consumer or one that’s not discerning enough, they will buy one brand thinking it’s another. Whatever investment one has made will be reaped by the other and it doesn’t matter in this case where one brand is obviously bigger in status than the other.”
She added that brands can protect themselves from infringement by building brand equity and visibility campaigns in a sustainable manner. “If you are so positioned about who you are and people know you for the value you project, it will be difficult for infringement to occur.”
Although the NBC has vehemently denied any trademark violation, vowing to contest it in court, all and sundry wait patiently to see the final verdict of the court as this case will be a major reference for future infringement cases in the industry.
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