JamzNG Latest News, Gist, Entertainment in Nigeria
Justice Binta Murtala-Nyako of the Federal High Court, Abuja Judicial Division, has restrained a beverage company, Mamuda Beverages Nigeria Limited, from producing its Pop Power Energy Drink, with a copied bottle design, which infringes the trademark of the popular Fearless Energy Drink, a trademark of Rite Foods Limited.
The court, in its ruling, rejected a preliminary objection, filed by Mamuda Beverages, in case no. FHC/ABJ/CS/705/2025.
Likewise, the presiding judge also granted the injunctive relief sought by Rite Foods Limited against the beverage manufacturer.
Mamuda Beverages in its preliminary notice of objection, challenged the lawsuit on the grounds of abuse of court process and said that Rite Foods’ current complaint for infringement of its intellectual property is distinct from a previous lawsuit between the parties, in which Rite Foods had complained of a different act of infringement.
The court also found that it appears that the design of the bottle recently introduced by Mamuda, produced, still bears a striking resemblance to Rite Foods’ Fearless Energy Drink product.
Therefore, the court issued an order prohibiting Mamuda from continuing production of its Pop Power Energy Drink product, pending the final decision in the case.
Accordingly, the court ordered Mamuda to immediately cease production of the product, to destroy all existing products and ordered the bailiff, together with the parties, to carry out an inventory of the products intended for destruction and to archive them.
The court also ordered that the injunction remain in place until the end of the year or pending the resolution of the case on the merits.
The court adjourned the case to Wednesday, September 23, 2026, for the hearing of the substantive case.
The order follows an earlier lawsuit against Mamuda in January 2025, in which Rite Foods sued the company for infringing the trademark and design of its iconic Fearless Energy Drink through the launch of a similar product, Pop Power Energy Drink.
However, Mamuda sought a settlement, the terms of the settlement were agreed to and filed, and the court entered the same consent judgment.
Some of the terms of the settlement include that Mamuda desist from further infringement of the Fearless Energy Drink trademark and identity forgery.
It also agreed to destroy all counterfeit products and committed to modifying their design and avoiding any form of identity imitation.
However, Mamuda reneged and subsequently reintroduced Pop Power to the market, making only cosmetic changes to its appearance.
Rite Foods argues that these changes are minor and do little to address the root problems 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 violate the spirit of the previous agreement but could also undermine consumer clarity and brand differentiation.
While reaffirming its position, Rite Foods underlined its continued commitment to protecting its brand and the principles of innovation and fair competition in the Nigerian market.
The company emphasized that true business growth must be anchored in originality and respect for intellectual property rather than imitation and fraudulent business practices.
