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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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Frontfoot Media to host its 5th Media Audit Reporting workshop in Gombe

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By Asile Abel,Jos

FrontFoot Media Initiative has concluded plans to hold the fifth edition of its Audit Reporting Training programme for journalists to be hosted in Gombe State.

Statement by the Front Foot Media Initiative Training Coordinator Mr Chido Nwakanma said previous trainings were held in Benin, Awka, Abuja, and Lagos state.

He added that, FrontFoot Media Initiative will hold the training under the auspices of the Wole Soyinka Centre for Investigative Journalism and the sponsorship of the MacArthur Foundation.

Mr Emeka Izeze, a director of FrontFoot Media, said “The Gombe programme will feature participants not only from Gombe but also from the neighbouring states of Adamawa, Bauchi, Plateau, and Taraba, a testament to the inclusivity and reach of Front Foot’s training initiatives. We look forward to training about 40 media personnel, each of whom plays a crucial role in our media landscape.”

Adding to the statement, Gombe State Governor, Muhammed Inuwa Yahaya would address participants in line with his agenda of openness and accountability.

Frontfoot Media Initiative also announced that Mr Ismaila Zakari, a past President of the Institute of Chartered Accountants of Nigeria, an Internal Auditor of Premium Pensions Abuja, and an ICAN Fellow, will lead the training supported by Mr Yusuf Doma, a Fellow of ICAN and Internal Auditor at Premium Pensions Abuja. Their expertise and guidance will ensure a high-quality learning experience for all participants.

The media and capacity building NGO described the programme as “a flagship capacity development programme of FrontFoot Media Initiative. It is a Collaborative Media Engagement for Development Inclusivity and Accountability project.

“In this effort, FrontFoot teams, accompanied by experts in the field, work in pre-selected states where they conduct free training for journalists. Participants learn how and where to locate the relevant reports, interpret the material, and write engaging news stories and features that enlighten, stimulate, and empower the electorate, and discourage impunity.” the statement added.

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Babangida’s Military Contemporary, Lt. General Garba Duba, Passes On at 82

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A military contemporary of Nigeria’s former military President, Lieutenant General Garba Duba, has died.

General Garba Duba died at the age of 82. A native of Kontagora, Niger State, Duba held several positions during his military career, including serving as Governor of Bauchi State in 1978 and as Governor of Sokoto State during Buhari’s regime.

An impeccable source told NIGERIAN TRACKER that the funeral prayer for the late Duba was held today, Friday, after Jumuat prayer at the National Mosque in Abuja.

Governor Muhammad Umar Bago of Niger State and legislators from the state attended the funeral prayer.

He joined the army as a Cadet Officer at the Nigerian Military Training College Zaria in 1962, presumably a course mate of Ibrahim Babangida. At the beginning of his career, he was at the Indian Military Academy. Duba was one of the northern officers who participated in the Nigerian counter-coup of 1966 which led to the death of General Johnson Aguiyi-Ironsi. During the Nigeria Civil War, he was a Captain, commanding a squadron of armored vehicles. As military governor of Bauchi state, he provided infrastructure in the form of residential accommodation and offices, including secretariats for the newly-created 16 local government areas.

In 1993, he retired from the military and went into private businesses where he held positions like chairman, New Nigerian Development Company (NNDC), chairman of SGI Nigeria Limited, director in First Bank of Nigeria, non-executive director of Honeywell Flour Mills Plc and chairman of the board of Leadway pension fund.

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ECOWAS Parliament to hold Second Extraordinary Session in Kano

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All arrangements have been concluded for the Second Extraordinary Session of the Sixth Legislature of the Parliament of the Economic Community of West African States (ECOWAS) to be held in Kano, Nigeria.

The Second Extraordinary Session, according to the ECOWAS Parliament, will be held at the Bristol Hotel in Kano, the Commercial Centre of the country, between the 20th and 25th May, 2024.

President of the Federal Republic of Nigeria and Chairman of ECOWAS Authority of Heads of State and Government, Bola Ahmed Tinubu, attended the inaugural session of the Sixth Legislature of the ECOWAS Parliament held on April 4, this year.

The Deputy President of the Senate of the Federal Republic of Nigeria, Senator Barau I Jibrin, emerged as the First Deputy Speaker of the assembly during the inauguration.

The event, according to a statement by the Special Adviser to the Deputy President of the Senate on Media and Publicity, Ismail Mudashir, will attract parliamentarians from Nigeria, Benin Republic, Burkina Faso, Cape Verde, Cote D’ Ivoire, Gambia, Ghana, Guinea, Guinea Bissau, Liberia, Senegal, Sierra Leone and Republic of Togo.

The ECOWAS Parliament, also known as the Community Parliament, is one of the institutions of the ECOWAS. It is the Assembly of Peoples of the Community, serving as a forum of dialogue, consultation and consensus for representatives of the people of West Africa to promote integration.

In a statement signed by special adviser to Senate President on Media and publicity Ismail Mudassir said the ECOWAS Parliament which was established under Articles 6 and 13 of the ECOWAS revised treaty of 1993, is composed of 115 seats.

 

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