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Coca Cola vs Pop Cola: Court fixes 22 February for ruling on interlocutory application

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Coca-cola bottles

 

By Abdulgafar Oladimeji

A Kano Federal High court sitting at Gyadi Gyadi  has  fixed 22nd  February for  ruling,  on an interlocutory  application on  the case of patent rights  filed by Coca Cola international against  a local  Nigerian beverage brand  producer  Pop Cola.

The  counsel to the plaintiff,   Mark Mordi ,SAN  addressing the   court, on the interlocutory application ,  last Monday told the court that the issue before it for determination borders on the labeling of the product manufactured by the defendants.

According to counsel ,  the plaintiff   in the matter  is not contesting the design of the bottle , rather its legal grouse is about the labeling of the defendant’s product, which in  legal thinking should be considered by the court  as a mix and should be declared thus .

He further  submitted to  the court that , Pop Cola has no proper documented evidence to show that it  acquired the statutory registered trade mark certification of Pop Cola   from the patent regulatory agencies, further adding   that the defendants were yet to be formally  issued with a trade mark certificate.

The plaintiff also  note that, exhibit MBL 2 in the matter,  is a missive written to Pop Cola by Nigeria Copyrights Commission, which states  that the  registration of Pop Cola trade mark is still   been proceed, by the  commission, adding  that the missive  could not  translate  to Pop Cola  trade mark ownership.

He averred that all relevant legal authorities will be supplied to the court.

Earlier, counsel to the plaintiff  had presented two distinct  bottle of beverages to buttress to the court  the issue of similarity that is the legal  contention  between Coca Cola and Pop Cola.

Muhuyi VS Kano Govt:Court Adjourns To March 7

The counsel to the defendants, Offiong Offiong, SAN  said Coca Cola could not claim exclusivity to the use of the word “Cola” explaining to the court  that the word “Cola “ is generic.

He argued that, Coca Cola  is allegedly hiding under the guise of trade mark  ownership to  claim exclusivity to the use of the word “Cola”.

Offiong further told the court that the issues of similarity is hinged on distinctiveness, adding that a mark must be something distinct, which applies to the brand paraded by Pop Cola as against the claim by the plaintiff.

According to him, Coca Cola  has  not established  its case of claimed legal rights over the  exclusivity of the  stripe crossing on the duo beverages , which is the issue of contention before the court.

He dismissed  , what he described as appropriation  of exclusivity to the use of the word  “Cola” and ribbon on Pop Cola that is  been claimed by the plaintiff.

The presiding judge, Hon Justice  Nasiru Yunus  declared the matter adjourned to 22 February  for ruling , on the interlocutory application.

 

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Breaking: Tinubu Orders Release of Minors Arrested Over Endbadgovernance Protest

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President Bola Ahmad Tinubu

President Tinubu Orders release of all minors who participated in the Endbadgovernance protest .

 

The minister of information and national orientation Muhammad Idris stated this to state House correspondents.

Minister of Information and National Orientation, Mohammed Idris, disclosed this while briefing State House correspondents, on Monday.

The Minister was flanked by the Bayo Onanuga, Special Adviser to the President on Information and Strategy; Sunday Dare, Special Adviser on Public Communications and orientation.

Idris stated that the President has instructed the Attorney-General of the Federation, Lateef Fagbemi, to begin the process of securing the minors’ release without delay.

“The President has directed that all minors be released on the and also reunited with their families anywhere they are in the country. A committee has been set up to look at the issues surrounding their arrest, detention and release. All the law enforcement agents related to the case will be investigated and anyone found wanting will be brought to book,” he said.

 

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76 Detained Children: Northwest Youth-Students Forum hails Senator Barau, AGF’s prompt intervention

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The Northwest Youth and Students Forum (NWYSF) has expressed its heartfelt appreciation to the Deputy President of the Senate, Senator Barau I. Jibrin and the Minister of Justice and Attorney-General of the Federation, Lateef Fagbemi, SAN, for their prompt intervention in the detention of minors by the Nigeria Police Force, following the End Bad Governance Protest.

The forum in a statement signed by its National Chairman, Abubakar Isyaku Balan said the swift action by the leaders will brings hope to the affected families and demonstrates a commitment to protecting the rights of vulnerable citizens nationwide.

He said “The giant move of the Deputy President of the Senate and the Attorney General of the Federal is no doubt a commendable one. We are proud of this and look forward to the release of the children courtesy of this movement.”

According to the statement, the NWYSF, as a forum comprising of talented youth and students, deemed it necessary to protectively initiate awareness programs that will enlighten the teeming youth on human rights and activism.

“We acknowledge that the minors actions were driven by ignorance and a lack of proper orientation, underscoring the need for civic education and sensitization in the Northwest region. Addressing the underlying issues that led to this situation is crucial, rather than simply punishing the minors. This approach will foster a more informed and empowered youth.

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“Considering the economic situation in the North, we urge the Federal Government to show compassion and release the detained minors, taking into account their age and circumstances. We also call on the government to provide support for their rehabilitation and education.

“In partnership with government agencies, non-governmental organizations, and community leaders, NWYSF will develop sensitization initiatives focusing on empowering youths with knowledge of their rights and responsibilities, promoting understanding and respect for human rights and teaching alternative dispute resolution methods.

“In view of the above, by working together, we can prevent similar incidents and foster a more informed, peaceful, and inclusive society,” the statement added.

 

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ICPC Arraigns Provost, Lecturer for Certificate Forgery in Sokoto

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Dr Musa Adamu Aliyu ,ICPC Chairman

The Independent Corrupt Practices and Other Related Offences Commission (ICPC) has arraigned Hauwau Gimbiya Mukhtar Abdulkarim, the serving Provost of the Federal College of Education (Technical) (FCET), Gusau, alongside Abdullahi Boyi, a lecturer with the Sokoto State College of Education (SSCE), on alleged certificate forgery.

The duo were arraigned on a six-count charge, registered as charge No. SS/213c/2024, before Hon. Justice Muhammad Aliyu Sambo at the Sokoto State High Court. ICPC accused the two defendants of forging an appointment letter and using it to apply for the position of Provost at the Federal College of Education (Technical) Gusau, Zamfara State.

The defendants were also accused of making false statements to ICPC officers during the investigation, which is an offence under Section 25(1)(a) and punishable under Section 25(ii)(b) of the Corrupt Practices and Other Related Offences Act 2000. “Both defendants, however, pleaded ‘not guilty’ to all six charges when read to them by the Court’s Registrar,” the ICPC revealed in a statement.

Counsel for the defendants, Dr. Muhammad Mansur Aliyu and Mr. M.S. Diri SAN, moved for bail applications on behalf of their clients. They requested the court to consider reasonable bail terms, citing the defendants’ “established positions and cooperation during the investigation.”

Counsel to the ICPC, Mr. Suleiman Ahmad, did not oppose the bail applications. Following the consideration of the applications, Hon. Justice Sambo granted bail under specific conditions designed to ensure the defendants’ continued presence throughout the trial proceedings.

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The bail conditions require each defendant to provide two sureties who are permanent residents of Sokoto State, with each surety signing a bond of one million naira (₦1,000,000). After granting bail, the ICPC prosecutor requested a date for the trial to commence, emphasizing the Commission’s preparedness to present witnesses and evidence in support of the charges.

Hon. Justice Sambo adjourned the matter to November 21, 2024, when the hearing is set to begin. The prosecution is expected to call witnesses and introduce material evidence to substantiate the allegations.

The ICPC press release was signed by Demola Bakare, Acting Director of Public Enlightenment and Education, and Spokesperson for the Commission.

 

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