Headlines
Court adjourns alleged Coca-cola’s trademark theft to January 31
Nasiru Yusuf
The Federal High Court, Kano, presided over by Justice Muhammad Nasir Yunusa has fixed January 31,2022 for the continuation of trial between the Coca-cola company and Mamuda Beverages Nigeria limited, the manufacturers of Pop-Cola.
KANO FOCUS reports that the Coca-cola had sued Mamuda Beverages Nigeria limited for using a ‘RIBBON device’ trademark that is near identical to it’s ‘dynamic ribbon device’ trade marks as well as depicting it’s Pop cola product in a script that mimics and causing the mark to be confusingly similar to Coca-Cola trademark.
According to the motion filed by Coca-cola “the defendant (Mamuda Beverages Nigeria limited) is distributing and advertising it’s Pop cola products in get up that consists exclusively of a combination of all of the elements that comprise the applicant’s famous Coca-cola trade dress.
It argued that the defendant’s use of the trade marks ‘Ribbon device’ and ‘Pop-cola’ in special script amounts to an infringement of applicant’s right of exclusivity of use of the marks ‘Coca-Cola’ script and ‘dynamic ribbon device’ and is liable to create confusion to the general public, foreign and international, as to the likelihood of an association between the applicant and the dependant.”
The Coca-Cola claimed that it is the proprietor of trade mark ‘coca-cola (script)’ and ‘dynamic ribbon device’ both in Nigeria and worldwide, adding that the marks have been registered by the company in numerous countries across the world including in Nigeria.
It therefore seeks an order of interim injunction “restraining the defendant, it’s employees or agents from using, affixing or displaying on any beverage product, vehicle, stationery, advertisement, putting to commercial use in any manner or form for the purpose of commercial benefit or otherwise, the ‘ribbon device’ and the special script in which the ‘pop-cola’ has been depicted on its advertising materials that is similar to ‘coca-cola (script)’ and ‘dynamic ribbon device’ trade mark pending the determination and hearing of motion on notice.
In his response, counsel to Mamuda Beverages Nigeria limited, Offiong Offiong argued that under trademark law one can only register a word not alphabet, noting that the ‘C’ in cola is alphabet not word.
According to him spencerian writing in common law is ‘publici juris’ meaning it is a public right.
However, when the matter was called on Wednesday counsel to the defendant Offiong Offiong filed further better affidavit and amended written address.
Equally, counsel to applicant D. D Kili filed a motion to amend written address and pleaded for time to reply on point of law.
The trial judge Justice Muhammad Nasir Yunusa granted the application and adjourned the matter to January 31, 2022 for hearing of all amended applications.
Nasiru Yusuf Ibrahim
The Kano State Governor, Abba Kabir Yusuf, has vowed to appeal the judgement of the governorship election tribunal which nullified his election and declared the APC candidate, Nasiru Yusuf Gawauna as the winner.
KANO FOCUS reports that Yusuf made the declaration on Wednesday night, while making a broadcast to the people of the state.
He said his legal team had been directed to appeal the judgement at the court of appeal in order to reclaim the mandate given to him by the people of the State.
He, therefore, Called on the good people of the state to remain calm and continue to be law abiding as security agents have been directed to ensure the safety of lives and property of the citizens.
“Let me assure you that the this government would continue to work for the development of the people of the state as the judgement will never dampen our spirit or discourage us from the good work we have started.” he said.
The Governor, who thanked the people of the state for their continued support and cooperation, urged them to go about with normal activities.
Nasiru Yusuf Ibrahim
The United Nations Children’s Fund (UNICEF), on Tuesday, said that Kano State has recorded 5,800 suspected cases of Diphtheria from January to date.
KANO FOCUS reports that the Head, UNICEF Field Office, Kano, Mr Rahama Mohammned-Farah, stated this in Kano during a one-day media orientation on Diphtheria outbreak.
The UN Agency said the cases were recorded in 39 local government areas of the state.
According to him, Kano State has the highest number of recorded cases in the country, adding that Diphtheria was a highly contagious and infectious disease that could cause death.
Mohammned-Farah stressed that proactive measures were necessary to stem the outbreak.
“Recently, we have seen a surge in the number of reported Diphtheria cases in Nigeria, and Nigeria is currently facing an outbreak that needs to be stopped and prevented.
“As of July, Diphtheria cases have been on the rise. As of last week, over 400 suspected cases with 11 deaths have been reported in Kano.
“Out of the 39 LGAs affected, eight are the most affected, including Ungogo with 2,651 cases; Dala 989, Fagge 943, Gwale 714, Kumbotso 713, Nasarawa 538, Kano Municipal 506 and Tarauni 269,” he said.
He said that 60.8 per cent of the suspected cases had been reported in children not vaccinated, which reinforced the critical need to address the issue of zero doses, especially in Kano State.
“UNICEF delivered 1.2 million vaccines to the Kano State Government in our continuing support to the government response to Diphtheria outbreak.
“Diphtheria outbreak is a threat to child survival, health and the wellbeing of children. UNICEF is collaborating with government and partners to respond to the emergency to save the lives of children affected.
“In Kano state, UNICEF supported Tetanus-Diphtheria reactive vaccination campaigns in February, April and August, vaccinating 23,200 children in round one.
“While 277,796 children vaccinated in round two and 29,500 others in round-3 of the exercise.
“We engaged 150 traditional leaders on Diphtheria outbreak and distribution of Diphtheria IEC materials, and deployed 1,500 VCMs to the worst affected LGAs to conduct house-to-house sensitisations and referral of suspected cases to health facilities.
“Media has a key role to play particularly in infection prevention, and risk communication and community engagement,” he said.
Also speaking, Dr Muhammad Nasir-Mahmoud, the Director-General, Kano State Primary Healthcare Management Board, said the state government had adopted drastic measures to curtail spread of the disease.
“We are committed towards educating the public about what is happening and the National Center for Disease Control (NCDC) has promised that Kano will be accorded priority in terms of vaccine distribution,” he said.
While describing the media as partners in the fight against Diphtheria, Nasir-Mahmoud urged them to support the campaign against the disease.
Mukhtar Yahya Usman
The Interparty Advisory Council of Nigeria (IPAC) has urged the judges of the Kano election petition tribunal court to discharge its duties with utmost integrity and impartiality.
KANO FOCUS reports that this was contained in a statement issued by the organization secretary Kano chapter Nuhu Idris on Tuesday.
IPAC also called upon the tribunal to consider each case diligently and ensure that all the parties involved are given equal opportunities to present their argument and evidence.
It could be recalled that the election tribunal has fixed Wednesday 20th September 2023 to deliver judgment on APC’s petition against Abba Kabir Yusuf.
A hearing notice issued by the Secretary of the election petition tribunal on Monday said the judgment would be delivered at 9.00 a.m., at the High Court of Miller Road in Kano.
Mr Idris said the organization has acknowledged the importance of the electoral process in a democratic society, where the voice and choice of the people are paramount.
He said the ongoing legal proceedings before the tribunal are a testament to the vibrancy of democracy and the resolve of citizens to seek redress through legal means.
“IPAC firmly believes that justice must not only be done but must also be seen to be done.
“We, Therefore, implore the tribunal to maintain transparency in its proceedings allowing the public and all concerned parties to have confidence in the outcome of the legal process, the statement said.
He added that it is essential that the tribunal’s decisions are guided by the rule of law and the facts presented, rather than any external influence.
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