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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.

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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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NYSC Distances Self from NANS Proposed N200 Mobilisation Levy

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By Yusuf Danjuma Yunusa

The National Youth Service Corps has distanced itself from the proposed N200 annual levy by the National Association of Nigerian Students, saying payment of the levy is not a requirement for students seeking mobilisation for national service.

The NYSC stated this in a statement shared on its official X account on Tuesday, following reports that NANS was considering linking payment of its dues to the NYSC mobilisation process.

The Scheme said it had neither discussed nor agreed to the proposed arrangement with NANS, adding that it had not entered into any Memorandum of Understanding with the student body on the collection of any levy.

“The NYSC wishes to state unequivocally that it has not, at any time, discussed, agreed to, or entered into any Memorandum of Understanding with the National Association of Nigerian Students regarding the collection of any levy from students in connection with mobilisation for national service,” the statement said.

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The NYSC explained that its mobilisation process was conducted through established official channels involving the management of the Scheme and the Heads of Corps Producing Institutions, which provide information on their graduates for mobilisation.

“The mobilisation process is neither linked to nor contingent upon the activities of any student association or organisation,” it added.

The Scheme consequently advised prospective corps members and students to disregard any information suggesting that payment of a levy to NANS or any other student association was required for NYSC mobilisation.

“For the avoidance of doubt, NYSC mobilisation process is straightforward and is conducted through established official channels,” the statement said.

The clarification followed comments by the NANS National President, Akinteye Babatunde, that the association was considering a system under which students would pay an annual N200 due.

Babatunde had also indicated that NANS would work with the NYSC and that students might be required to show proof of payment of the association’s dues before being mobilised for camp.

The NYSC, however, reaffirmed its commitment to maintaining a transparent, credible and efficient mobilisation process in line with existing government policies and guidelines.

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Kano Islamic Scholar Declares Kano Widow Marriage Programme ‘Haram’, Urges Government to Stop It

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A prominent Kano Islamic scholar, Sheikh Alaramma Hadi Inuwa Maihula Sanka, has criticised the Kano State Government’s widow marriage programme, describing the practice as “Haram”, urging the government to discontinue it.

Sheikh Maihula made the position known during an interview with journalists in Kano on Tuesday evening, arguing that marriage, like other major religious obligations, is subject to a person’s ability and means.

According to him, Islam does not compel a person who lacks the financial capacity to undertake marriage, just as obligations such as Zakat and Hajj are not imposed on those without the means to fulfil them.

“Marriage, Zakat and Hajj are never made obligatory on anyone unless they have the means,” he said, citing teachings contained in the Qur’an, particularly Suratul Nur, as well as Hadith narrated by Imams Bukhari and Muslim.

The cleric therefore questioned the use of public funds by state governments to organise or finance special marriage programmes, describing the collection or expenditure of public resources for such purposes as religiously unacceptable.

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He argued that government resources should instead be channelled into addressing pressing social challenges affecting citizens, including inadequate healthcare, water supply and support for vulnerable workers.

“Kano city does not have enough hospitals, there are not enough qualified doctors, there is no Portable drinking water, and pensioners have not all been settled,” he said.

Sheikh Maihula also questioned the concentration of specialist healthcare services in Kano metropolis, saying residents from distant local government areas are forced to travel to the city to access medical treatment.

He specifically mentioned Gwarzo, Takai and Tsanyawa, asking why similar hospitals could not be established in such communities to bring healthcare closer to residents.

“Since Gwarzo, Takai or Tsanyawa, the community has been coming to Murtala Muhammad Specialist Hospital, and this hospital was built in 1928. Why can’t a similar hospital be built in Takai, Tsanyawa or Gwarzo?” he asked.

The Islamic scholar also warned that government-sponsored marriages could create additional financial responsibilities for the state if couples subsequently have children and require assistance with their upkeep.

He argued that rather than spending public funds on marriage ceremonies, governments should empower widows and other vulnerable women through vocational training, entrepreneurship support and other forms of sustainable livelihood assistance.

Maihula urged the Kano State Government, as well as other states considering similar programmes, to reconsider the initiative and redirect resources towards programmes that would enable beneficiaries to become economically self-reliant.

He maintained that empowering women to earn sustainable livelihoods would provide longer-term benefits than one-off marriage interventions.

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TMS Inaugurates Kano North’s 13 LG Executives and Empowers Social Media Representatives

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The Tinubu Maliya Shonikan (TMS) Organisation has inaugurated its local government coordinators across Kano North Senatorial District, with a pledge to strengthen grassroots mobilisation and support the All Progressives Congress (APC) ahead of future political engagements.

The inauguration ceremony, which was held on Sunday at Amani Event Centre, Nassarawa GRA, Kano, was led by the organisation’s leader, Alhaji Ibrahim Yusuf Garo, popularly known as Shonikan, alongside the Kano State Chairman of TMS, Barrister Nura Abdullahi Bagwai.

Speaking at the event, the organisers said the establishment of TMS in Kano North was motivated by the desire to support and promote programmes and political activities associated with Senator Barau I. Jibril Maliya, whom they described as having contributed significantly to the development and representation of the area.

According to the organisation, the initiative is also intended to mobilise support for the APC and strengthen its grassroots structure across Kano North and the wider Kano State.

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As part of the inauguration, social media agents from 141 wards across Kano North were provided with android tablet pc and data support to enable them to effectively communicate the activities, programmes and achievements of the organisation and its political allies through digital platforms.

The leadership of TMS said the provision of the devices and monthly data support formed part of a broader strategy to establish an organised and effective digital communication network across the senatorial district.

The organisation further announced plans to introduce additional programmes and initiatives aimed at strengthening grassroots mobilisation and contributing to the success of the APC from the grassroots to the state level.

The event attracted important diginataries like MD Hadejia Jama’are River Basin Development Authority, Engr. Rabi’u Suleiman Bichi whonis the Guest Speaker if rhe Occasion, APC National Vice Chairman North West Hon. Garba Datti Mohammed, the commissioner National Assembly Service Commission Hon. Yusuf A. Yusuf Tabuka, Representative of rhe State Minister Housing and Urban Development, APC leaders, members, supporters and representatives of the organisation from across Kano North.

The organisers expressed appreciation to God for the successful and peaceful conclusion of the inauguration ceremony, describing the event as an important step towards strengthening the organisation’s structure and activities across the senatorial district.

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