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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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IG Withdraws Police Attached To Kano Anti-Corruption Agency

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About 40 policemen providing security and investigation support to Kano State Public Complaints and Anti-Corruption Commission have been withdrawn by the Inspector General of Police Kayode Egbetokun.

The withdrawal follows investigations of multi-billion naira corruption against the national chairman of the ruling All Progressives Congress, APC, Abdullahi Ganduje.

DAILY NIGERIAN gathered that the IGP gave the order for the withdrawal of the policemen to the State Commissioner of Police Usaini Gumel on Thursday.

affected policemen read: “Order and Directives to all officers and men of the Nigeria police force attached to public complaint and Anti corruption commission Kano State are warned directed to report back to Command headquarters with immediate effect those with high profile cases to hand over such to Head of Operations immediately all to acknowledge please.”

A credible source at the commission told our reporter that some of the policemen are helping the commission anti-corruption investigations, providing security to the commission’s headquarters and other seized properties under investigation.

When contacted on the matter, the force public relations officer, Muyiwa Adejobi, neither responded to a call or reply to a message sent to his known phone number at the time of filing this report.

#Daily Nigeria

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Dangote Group is the elixir of Gateway int’l Trade Fair – OGUNCCIMA

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Ogun State Chambers of Commerce, Industry, Mines and Agriculture (OGUNCCIMA) has described the Dangote Group as the driving force of the Gateway International Trade Fair.

This is just as companies under the leading African Indigenous Conglomerate, Dangote Industries Limited, hit the trade fair with their various products as part of strategies to increase market share and deepen customers’ affection.

The President of the chamber, Engr. Mike Akingbade, stated this when Ogun state governor, Dapo Abiodun officially opened the 13th edition of the Trade Fair at the M.K.O Abiola Trade Fair Complex, Oke Mosan, Abeokuta

Akingbade lauded the support of Dangote Group in sustaining the Trade Fair, which he noted has led to the prosperity of the state and economic freedom for the people.

“A special commendation must be given to Dangote Industries Limited which has remained the major sponsor of the Gateway International Trade Fair for many years. The committed support of the Dangote Group is the elixir with which the trade fair is activated and OGUNCCINA is eternally grateful for the wonderful gesture of the company,” he said.

He said the 13th Gateway International Trade Fair with the theme: “Achieving Economic Prosperity through Business Connection, Trade and Investment, “is aimed among others, to allow businesses to expand their reach, access new markets, and diversify their customer base. He emphasized that forging robust business connections, participating in trade activities, and making strategic investments will unlock new markets, stimulate economic growth, and enhance overall prosperity.

The Regional Sales Director, Dangote Cement PLC, Lagos/Ogun, Mr Tunde Mabogunje in his goodwill address, assured Ogun state government and OGUNCIMMA of the continuous support of the company, noting that the Group is dedicated to enhancing the prosperity of Nigeria by creating opportunities for Nigerians and businesses in the country.

Mabogunje said visitors to the Dangote Group’s pavilion at the fair will have the opportunity of buying products of these companies at reasonably reduced prices as the Dangote businesses will be selling at discounted prices.

He also hinted that the Dangote Refinery will be part of the next edition of the Trade Fair.

“We want to appreciate Ogun state for bringing us as a partner. We want to assure you that we will be here next year bigger. By next year, our refinery will be part of the Trade Fair,” he said.

Governor Dapo Abiodun who visited the Dangote pavilion immediately after performing the ribbon-cutting ceremony, commended the company and others for supporting the Trade Fair which he noted is aimed at stimulating economic growth.

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Tuggar urges Nigerians in Netherlands to stimulate Nigeria’s economic growth

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The Minister of Foreign Affairs, Ambassador Yusuf Maitama Tuggar has met with Nigerian professionals in the Netherlands ahead of President Bola Ahmed Tinubu’s participation at the Nigeria-Dutch Business and Investment Forum.

The event, which took place on February 24, 2024, provided a platform for fruitful discussions on various topics of importance to the Nigerian diaspora community. The Minister emphasized the importance of fostering strong ties between Nigeria and its diaspora communities worldwide. He highlighted the “Tinubu 4Ds” framework, which focuses on Democracy, Development, Demography and Diaspora as central pillars for engaging with Nigerians abroad.

Amb. Tuggar posited that the administration of President Tinubu recognizes the immense potential of the Nigerian diaspora in driving national development and that the government is committed to creating enabling environments for diaspora investments and contributions to key sectors of the economy. He also submitted that the government remains dedicated to upholding the dignity and rights of Nigerians living abroad.

In addition to discussing the Tinubu 4Ds framework, the engagement also focused on investment opportunities in Nigeria. The Honourable Minister highlighted the favourable business climate, ongoing economic reforms, and investment incentives available to Nigerians in the diaspora interested in investing back home.

He also informed the gathering that the government is committed to ensuring Financial Vehicles such as the Diaspora Fund which will harness funds to be used for infrastructure, healthcare, and agricultural programmes. He further stated that one of the priorities of the government via its 4D Foreign Policy will prioritize the diaspora by establishing frameworks such as the Diaspora Fund and Sector-based communities that make it possible to harness the greatness of the Nigerian Diaspora in the Netherlands via its skills and ideas to drive development back home.

The Minister also reiterated the government’s commitment to exploring mechanisms for granting dual citizenship to Nigerians abroad and enabling diaspora voting in future elections.

 

 

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