A Federal High Court sitting in Kano on Tuesday refused to grant an interlocutory injunction by Coca cola company seeking to stop Pop Cola from conducting its business pending the hearing and determination of the substantive suit.
Rather in his ruling , Justice Muhammmad Nasir Yunusa ordered for accelerated hearing.
Justice Yunusa said granting interlocutory injunction is 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 determine the substantive suit at the end of the trial.
I hereby ordered accelerated hearing rather than granting interlocutory injunction.” Justice Yunusa ordered.
Recall that Coca cola had dragged Mamuda Beverages Nigeria limited, Manufacturer of Pop Cola to court over trade mark war.
It is praying an interim injunction restraining the defendant, its employees or agents from using, affixing or displaying on any beverage product, vehicle, stationary, 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 is similar to coca cola, ribbon devise, pending the determination and hearing of the case.
Earlier in his response counsel to Pop Cola, Offiong Offiong (SAN), argued that his client has invested enormous amount of money in trading and promotion of its products adding that counsel to the Coca cola has failed to support his claim with legal authorities.
Offiong further submitted that the claim of Cola Cola against Pop Cola was not for legal right but competitor war.
Justice Nasir Yunusa adjourned the matter to April 25, for accelerated hearing.
Coca Cola Pop Cola