A Federal High Court sitting in Kano, on Tuesday, declined to grant an interlocutory injunction sought by the Coca-Cola Company seeking to halt Pop Cola from further conducting its business pending the hearing and determination of the substantive suit.
In his ruling, Justice Muhammmad Yunusa, ordered an accelerated hearing, saying, “Although granting 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 determine the substantive suit at the end of the trial.
“I hereby order accelerated hearing rather than granting interlocutory injunction.”
Coca-Cola instituted a legal action against Mamuda Beverages Nigeria Limited, bottlers of Pop Cola, over alleged trade mark infringement.
It sought 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 Pop Cola had been depicted in its advertising materials that were similar to the Coca-Cola ribbon devise pending the determination and hearing of the case.
Counsel for Pop Cola, Offiong Offiong (SAN), had argued that his client had invested enormous amounts of money in trading and promotion of its products, adding that the counsel for Coca-Cola had failed to support his claim with supportive legal authorities.
Offiong submitted that the claim of Coca-Cola against Pop Cola was not for legal right, but competition war.
However, Justice Yunusa adjourned the case till April 25 for accelerated hearing.