Court bars firm from energy drink production over trademark infringement

The Federal High Court in Abuja has restrained Mamuda Beverages Nigeria Limited from producing its Pop Power Energy Drink over allegations that the product’s bottle design infringes on the trademark and trade dress of Rite Foods Limited’s Fearless Energy Drink.

Justice Binta Murtala-Nyako, in a ruling delivered in Suit No. FHC/ABJ/CS/705/2025, dismissed a preliminary objection filed by Mamuda Beverages and granted injunctive reliefs sought by Rite Foods.

Mamuda had argued that the suit constituted an abuse of court process, contending that Rite Foods’ latest complaint differed from an earlier case between both parties involving a separate allegation of infringement.

However, the court held that the newly introduced Pop Power bottle design still bore a “striking resemblance” to Rite Foods’ Fearless Energy Drink packaging.

Justice Nyako consequently ordered Mamuda to immediately cease production of the disputed product pending the determination of the substantive suit.

The court also directed the company to destroy all existing products and mandated the court bailiff, alongside both parties, to conduct an inventory of the products earmarked for destruction and file a report before the court.

The injunction, according to the ruling, will remain in force until the end of the year or pending the determination of the substantive suit.

The matter was adjourned to September 23, 2026, for hearing.

The latest ruling follows an earlier suit filed by Rite Foods in January 2025, accusing Mamuda of infringing on the trademark and overall design identity of Fearless Energy Drink through the launch of its Pop Power Energy Drink.

Following that action, both parties reportedly reached a settlement, which was adopted by the court as a consent judgment.

Under the terms of the settlement, Mamuda agreed to desist from further infringement of the Fearless trademark and product identity, destroy all infringing products, and redesign its product to avoid imitation.

However, Rite Foods later returned to court, alleging that Mamuda reintroduced Pop Power into the market with only minor modifications to its appearance.

According to Rite Foods, the revised packaging continues to create consumer confusion, with reports from the market indicating that the product is still being referred to as “small Fearless.”

The company argued that the reintroduced design violates both the spirit and terms of the earlier settlement agreement and undermines brand differentiation in the energy drink market.

Rite Foods further reiterated its commitment to protecting intellectual property rights and promoting fair competition, stressing that sustainable business growth should be driven by innovation and originality rather than imitation.