In recent times, there has been an increase in the number of energy drinks launched in the country. The brands vary in size and are capable of reinvigorating consumers. The increase in demand and supply is due to the benefits attributed to the brands which include mental alertness, quick strength to deliver, and maximum productivity. However, there has also been stiff competition in the energy drinks market which has brought about a serious brand war between the top market giants and other upcoming brands.
Very recently, the internet has been awash with the news of a major battle between Rites Food, the makers of Fearless energy drink and NBC, the makers of Predator Energy drink over brand identity. City People’s Brands & Products took a look at what has transpired and bring you a very interesting brand update, enjoy.
ABOUT FEARLESS ENERGY DRINK
Fearless Energy Drinks are non-alcoholic energy-boosting beverages that provide you with limitless benefits at work, at training or sports activities, at play, at study, while in traffic, during the day and when it’s time to get loosen up at night. It is produced by Rite Food Ltd a major player in the Nigerian food industry. With quick absorption mechanisms and bowel compatibility, Fearless can give an instant boost in energy levels. One may find that increased performance is experienced while consuming Fearless Energy drink within the shortest possible time. Its application varies based on the need of the individual, whether you are a workaholic needing to stay up late at night or all night to get that extra work done or you are an athlete needing that quick burst of energy to keep you going.
Fearless stormed the market with the intention of competing with other brands like Red Bull, Power Horse, Lucozade Boost, and a host of others. It is the first indigenous energy drink with the guts to tackle other foreign brands for a slice of the market share and it did in style. It also came in a different shade and style. Fearless was the first energy drink in Nigeria to be sold in a pet bottle. It was its way of standing out from among the crowd. Other energy drinks before the arrival of fearless came in cans except for Lucozade Boost.
HOW FEARLESS TOOK OVER MARKET LEADERSHIP IN 3 YEARS
When City People’s Brands & Products made findings, it realized that within three years of its entry into the Nigerian energy drink market, Fearless Energy Drink had claimed about 60 percent of the market share. According to an insider from Rites Food, the company had taken its time to survey the market and observed what energy drinks consumers really wanted before it commenced production and that singular act gave it the acceptability it enjoyed.
ABOUT PREDATOR ENERGY DRINK
Predator Energy Drink stormed Nigeria in June 2020 and took off on a high. The drink is produced by the Nigerian Bottling Company, NBC to also fight for a slice of the growing energy drink market in Nigeria.
Predator Energy, the first global affordable energy drink by Monster Energy exists to ignite your hustling spirit and allows you to thrive and not just survive. Predators live by instinct and conquer with courage. The power of Predator will unchain your animal spirit, keeping you focused and making you feel fresh longer. With a fierce flavour that goes down easy, it guarantees to tame your thirst. Predator Energy provides the edge you need not just to survive but to thrive, the manufacturers claim.
NBC, RITES FOOD LAND IN COURT
The Nigeria Bottling Company (NBC) was dragged to court for trademark infringement on its Predator energy drink, with a lion insignia in resemblance to the well-liked market leader, a product produced by Rite Foods Limited.
In a publication in the ThisDay and Guardian newspapers editions of Friday, 19th of March, 2021, court forms initiating contempt proceedings against the Managing Director of NBC were published in respect of injunctions granted by the Federal High Court, Ikoyiagainst NBC. In suit No. FHC/L/CS/92/2021, the plaintiff, Rite Foods Limited, had filed a motion ex parte for an interim injunction against the defendant, NBC, restraining it from further promoting or using any sales promotion material for its Predator Energy drink in a manner that infringes or passes off or that is capable of infringing or passing off the plaintiff’s Fearless energy drink, until the interlocutory application for an injunction is determined.
The alleged infringement negates the common law property right in the goodwill of “Fearless” energy drinks and Trade Marks Act, Cap T 13, Laws of the Federation of Nigeria 2004, which offers exclusive rights to get ups and designs of products already in use by a proprietor.
Investigation reveals that Rite Foods’ Fearless energy drinks, which consist of the Red Berry and Classic brands, were launched into the Nigerian market on June 15 and 16, 2017, respectively, and has gained a wider market share before the NBC’s Predator brand which made entrant in June 2020. This points out that the trademark has been in use by the Rite Foods’ brands before NBC’s Predator drink was launched into the market.
NBC DETERMINED TO FIGHT TILL END
Nigerian Bottling Company (NBC) in a press disclosed that the company is set to contest the court case filed by Rite Foods Limited against the promotion of its Predator energy drink.
This move by NBC is a reaction to the recent media coverage relating to the legal case between Rite Foods Limited and the company, on the grounds of trademark infringement, as Rite believes NBC’s Predator Energy drink bears a close resemblance to its Fearless energy drink.
In line with these claims, Rite filed for an interim injunction against NBC, restraining it from promoting or using any sales promotion material for its Predator energy drink in a manner that is capable of infringing or passing off Fearless energy drink until the interlocutory application for an injunction is determined.
The management of the leading beverage drink maker, in reaction to the court case, disclosed that NBC is well within its rights to continue to sell the Predator products, adding that neither the company nor its Managing Director, is in breach of any court order.
NBC noted that the court case will be vigorously contested and the management is confident that after due consideration of the merits of the case, the Court will confirm its rights based on Predator Energy drink’s established use of the Predator brand and logo in many other markets around the world and the fact that the bottles and logos of both drinks are not confusingly similar.
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