Alex Enumah in Abuja
A Federal High Court in Abuja has barred Mamuda Beverages Nigeria Limited from using a copied bottle design for its Pop Power Energy Drink, on the grounds that it infringes on the trademark of Fearless Energy Drink, a brand of Rite Foods Limited.
Justice Binta Nyako issued the restraining order on Friday, sequel to a motion by Rites Foods Limited.
Meanwhile, the court refused the preliminary objection by Mamuda Beverages against the suit marked: FHC/ABJ/CS/705/2025.
In the Notice of Preliminary Objection, the beverages firm had sought the dismissal of the suit over alleged abuse of court process, adding that the plaintiff’s present complaint of infringement of its intellectual property is distinct from an earlier suit between the parties, wherein Rite Foods had complained about a different act of infringement.
But the court in its ruling observed that Mamuda’s newly introduced bottle design, manufactured, still bears a striking resemblance to Rite Foods’ established Fearless Energy Drink product.
Justice Nyako subsequently granted an order restraining Mamuda from further production of its Pop Power Energy Drink product, pending the final determination of the suit.
She further ordered Mamuda to cease production of the product forthwith, destroy all existing products, and directed the court bailiff, in conjunction with the parties, to undertake an inventory of the products slated for destruction and file same.
While stating that the restraining order remains in force until the end of the year or pending the determination of the substantive suit, the court fixed September 23 for hearing in the substantive suit.
Rite Foods had in January 2025, sued Mamuda for infringing on the trademark and design of its iconic Fearless Energy Drink, through the launch of a lookalike product, Pop Power Energy Drink.
However, Mamuda sought a settlement, and terms of settlement were agreed and filed, and the court entered same as its consent judgment.
Some of the terms of settlement include that Mamuda would desist from further violation of Fearless Energy Drink trademark and identity pass-off.
It also agreed to destroy all infringing products and pledged to change its design and avoid any form of identity imitation.
In an unexpected turn, Mamuda subsequently reintroduced Pop Power into the market, with only cosmetic adjustments to its appearance.
Rite Foods maintains that these changes are minor and do little to address the original issues of consumer confusion.
Rites Foods said reports from the market indicate that the new Pop Power continues to be informally referred to as “small Fearless,” reinforcing concerns that the revised product may not only breach the spirit of the earlier agreement but could also undermine consumer clarity and brand differentiation.
While reaffirming its position, Rite Foods stressed its continued commitment to protecting its brand and the principles of innovation and fair competition in Nigeria’s marketplace.
The company emphasized that genuine business growth must be anchored on originality and respect for intellectual property, rather than imitation and fraudulent business practices.
