WHAT IS THE LEGAL CONSEQUENCE OF SELLING ZOBO IN COCA-COLA BOTTLE?

WHAT IS THE LEGAL CONSEQUENCE OF SELLING ZOBO IN COCA-COLA BOTTLE?

I’m sure it must have been out of curiosity! You’re wondering what I’m saying, right? Yea, such a question on the legal consequence of a matter can only come from a mind that is curious and thirsty for knowledge especially when such mind is not in the legal line.

On the 29th day of September, 2017, Temidayo, a Youth Corp Member and Civil Engineering Graduate from the University of Ibadan ask a very thoughtful legal question on the Whatsapp Group of THE LEGAL DIARY. His question is as follows:

“Just a thought and question. If as a Zobo or Kunu Manufacturer and seller, I use plastic bottles that I picked from an event and I’m selling my product in this bottles with the labels of the Company (e.g. Eva, Coca-Cola etc) still on them. In an ideal society, what’s the legal consequence?”

Opinions were offered on the legal issue. However, this legal question provides an opportunity to people (legal minds in particular) to put on their thinking Caps and give brilliant legal opinions on the above issue.

See The Sugar Creek Should Have Protected Her Trademark

THE PERSON WITH THE BEST LEGAL OPINION  ON THE LEGAL CONSEQUENCE BY FRIDAY, 6TH OF OCTOBER, 2017 GETS A KAMPALA TOP AND AIRTIME WORTH N1000 AMONGST OTHER FANTASTIC PRIZES.

How To Participate
1. Subscribe to THE LEGAL DIARY Website – www.thelegaldiary.com free of charge by entering just your e-mail.
2. Post your legal opinion as a comment.

Judges:
1. Mr. Olukunle Sobode Esq.
2. Mr. Oluwatodimu Adekeye Esq.
3. Mr. Abayomi Fatai Esq.

All the best!

THE LEGAL DIARY
Joseph Jagunmolu Ogunmodede

Joseph Ogunmodede
Founder, THE LEGAL DIARY
Joseph Jagunmolu Ogunmodede is a budding lawyer and founder of Nigerian-based innovative network known as THE LEGAL DIARY, an online platform for educating people on their legal rights and duties which is a unique idea that meets the pressing need for public enlightenment in Nigeria.
Since the evolution of THE LEGAL DIARY in January, 2017, he has consistently updated his audience with various legal stories and legal opinions posted on a weekly basis. He has also offered several pieces of advice and legal opinions to a number of clients both online and physically.
He was born in Ogun State, Nigeria, and holds Bachelor of Laws (LL.B) Degree from the prestigious University of Ibadan, Ibadan, Oyo State where he was awarded a First Class (Honours). He is currently an Intern at B. O. Ogunmodede & Co, Abeokuta, Ogun State.

8 thoughts on “WHAT IS THE LEGAL CONSEQUENCE OF SELLING ZOBO IN COCA-COLA BOTTLE?

  1. (1) It is misrepresentation. You are making people believe that the product they are buying is Coke. If they drink it and discover it is actually not coke, you may be sued for Misrepresentation. (2) It is passing-off. You are making people believe that the content of the bottle was produced by Coca-cola company and that the company should be liable for any wrong caused by the content of the bottle. (3) Breach of Intellectual property. You are using Coca-cola type of plastic. You can be sued for that. (4) It is fraud. A criminal action can be commenced against you. You are intentionally making people believe the product you are selling is either coke or is produced by the Coca-cola company. (5) The use of Coca-Cola’s logo is also an infringement of Coca-Cola’s trademark. You can be sued for that.

  2. Basically, the intention of the seller is the determining factor. If it can be proved that the seller did so with intent to deceive people that what he/she is selling is cocacola and intends that people act on this misrepresentation of fact, he/she may be liable to the tort of deceit, misrepresentation in contract or guilty of Fraud.
    Where his/her conduct is calculated to injure a person’s business, say Cocacola in the given case, he/she may be held liable for passing off. He/she could also be held liable for Trademark infringement and Breech of intellectual property rights of the Cocacola Company.

  3. Note, however, that it is not often a one way traffic! In essence, it depends on the circumstances of each case!

    If I were to be the Counsel of the person selling Kunu or Zobo, I would emphasize firmly the requirement that ” *reasonable members of the public must think it is a product of the Claimant Company*

    I mean, how many people buy Kunu or Zobo because they think it was made by Coca-Cola Bottling Company? How many of us can buy sprite that has dark content without raising questions? And more importantly, the content of the products of such Companies are sealed…how many of use have bought Zobo or Kunu in Coca-cola plastics that was not sealed or that has broken seal?

    In fact, I will even take the argument to the area of environmental sustainability- such plastics(which don’t decay) would rather constitute nuisance to the society while occasioning environmental degradation. Since our recycling system is nothing to write home about.

  4. it’s a form of recycling which helps to reduce environmental pollution and, by extension, climate change. *The same standard that apply abroad cannot apply here* I’m sure many of us are guilty of throwing such plastics carelessly on the floor after consuming their contents.

  5. . In short, it depends on the facts of each case and the success of the Claimant in proving it was passing off. But I must confess that the proof, in my view, would be a heavy one for such claimant.

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