THE Federal High Court in Kano on Tuesday refused to grant an interlocutory injunction by Coca-Cola company seeking to stop Pop Cola from continuing to conduct its business pending the hearing and determination of a substantive suit.
It will be recalled that Coca-Cola dragged Mamuda Beverages Nigeria Limited, manufacturer of Pop Cola, to court over a trademark issue.
Coca-Cola is praying an interim injunction restraining the defendant, its employees or agents from using, affixing or displaying on any beverage product, vehicle, stationery, or advertisement, putting to commercial use in any manner or form for the purpose of commercial benefit or otherwise, the ‘ribbon devise’ and the special script in which the pop cola has been depicted in its advertising materials that are similar to Coca-Cola’s ribbon devise, pending the determination and hearing of the case.
However, while ruling on Tuesday, Justice Muhammad Nasir Yunusa ordered an accelerated hearing rather than granting an interlocutory injunction.
The judge said, “Although granting an interlocutory injunction is a discretionary power of the court, but in a case of this nature it is important for the judge to hear all facts from all parties to enable the court to determine the substantive suit at the end of the trial.
However, it will also be recalled that earlier in his response, counsel to Pop Cola, Offiong Offiong (SAN), argued that his client has invested an enormous amount of money in trading and promotion its products, adding that counsel to the Coca-cola failed to support his claim with supportive legal authorities.
The Pop Cola counsel then submitted that the claim of Cola-Cola against Pop Cola was not for the legal right but was a competitor’s war.
However, in his ruling, Justice Yunusa adjourned the case to April 25, for an accelerated hearing.