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

Published

3 years ago

on

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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Kano State Hosts 8th Annual Audit Forum to Enhance Transparency and Accountability

Published

15 hours ago

on

November 21, 2024

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The 8th Annual Audit Forum, organized by the Office of the Auditor General of Kano State, was held recently, focusing on strengthening transparency and accountability in public financial management. .

Isma’ila Musa, the Auditor General of Kano State, welcomed the participants and highlighted the constitutional and legal mandates that guide the auditing process. “Sections 125(2) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and 36(i) of the Kano State Audit Law, 2021 (as amended) mandate the Office of the Auditor General to audit the accounts and financial statements of the State Government and all Offices and Courts,” he stated.

Musa expressed immense gratitude to His Excellency, Engineer Abba Kabir Yusuf, the Governor of Kano State, for his support in making the event possible. “It is very important to note that a strengthened fiscal transparency will help build trust in governance,” he emphasized. He added that the Audit Forum is a reform intended to reduce opportunities for corruption and abuse of public resources, thereby increasing the efficiency of public expenditures.

The Auditor General also acknowledged the contributions of various officials, including the Hon. Commissioner Ministry of Planning and Budget, the Accountant General, the Executive Chairman of Kano Internal Revenue Services, and former Auditors General, among others. “My sincere appreciation to all the invitees here present for honoring our invitation. I wish us a successful 8th Kano State Annual Audit Forum,” Musa concluded.

In his remarks, the Chairman of the House Committee on Public Accounts, Honorable Tukur Fagge, praised the exercise for its potential to enhance resource management and ensure the success of the tasks at hand. “This exercise will enhance resources management and will realize the success of the task,” Fagge stated.

Sarkin Shanon Kano, Shehu Muhammad Dankadai, who served as the royal father of the day, also graced the event, adding to the significance of the occasion.

The forum underscored the commitment of the Kano State Government to upholding transparency and accountability, reflecting the administration’s dedication to effective and efficient service delivery.

 

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Breaking: Former Secretary of Federal Electoral Commission, FEDECO, Ahmadu Kurfi Passes On at 93

Published

21 hours ago

on

November 21, 2024

By

Late Alhaji Ahmadu Kurfi

 

A former secretary of the Federal Electoral Commission, Alhaji Ahmadu Kurfi, has passed away.

A family source, Jafar Yakubu, informed NIGERIAN TRACKER about the death of the pioneer secretary of the Federal Electoral Commission, who supervised the 1979 general election.

 

Jafar Yakubu said Alhaji Ahmadu Kurfi died at the age of 93 and his Janaza funeral prayers will take place by 2:30 PM at Kurfi in KATSINA state .

 

Dr. Amadu Kurfi, OFR, was born in 1931. He was a former chairman of the then Marketing Board, former Federal Permanent Secretary of the Federal Ministry of Defence, and the first person to acquire a BSc degree in the whole of Katsina State, at University College London in 1957.

 

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President Tinubu Sacks UNIZIK Vice-Chancellor, Registrar

Published

1 day ago

on

November 20, 2024

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The governing council of the Nnamdi Azikiwe University has been dissolved by President Bola Tinubu.

The president dissolved the council and approved the removal of the institution’s vice-chancellor Bernard Odoh and the university registrar, Rosemary Nwokike.

A statement by Bayo Onanuga, the special adviser to the president on information and strategy said the action by Tinubu follows allegations of procedural violations in the appointment of the Vice-Chancellor.

He also said that the council led by Greg Ozumba Mbadiwe and including five other members—Hafiz Oladejo, Augustine Onyedebelu, Engr. Amioleran Osahon, and Rtd. Gen. Funsho Oyeneyin was accused of bypassing due process to appoint an unqualified candidate, prompting federal intervention.

Onanuga said, “The sacking of the governing council and officials followed reports that the council illegally appointed an unqualified vice-chancellor without following due process.

He added that following the controversial appointment, the Federal Government stepped in to address the rivalry between the university’s Senate and the governing council of the institution.

“The government expressed concern over the council’s apparent disregard for the university’s governing laws in its selection process”, Onanuga added.

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