By Ayomide Otitoju
The Federal High Court in Abuja has ordered Mamuda Beverages Nigeria Limited to stop producing its Pop Power Energy Drink in its current bottle design over alleged infringement of the trademark and trade dress of the Fearless Energy Drink brand owned by Rite Foods Limited.
The ruling was delivered on Friday by Justice B.F.M. Nyako in Suit No. FHC/ABJ/CS/705/2025 while determining Mamuda’s preliminary objection and Rite Foods’ application for an interlocutory injunction.
The court dismissed Mamuda’s preliminary objection, which challenged the suit on grounds of abuse of court process, holding that the present case involved a distinct allegation of trademark infringement different from an earlier dispute between the parties.
Justice Nyako further held that the newly introduced Pop Power bottle design still bore a striking resemblance to the established Fearless Energy Drink packaging.
Consequently, the court granted an injunction restraining Mamuda Beverages Nigeria Limited from further producing the product pending the determination of the substantive suit.
The court also ordered the company to immediately cease production of the disputed product and destroy all existing stock. It directed the court bailiff, alongside representatives of both parties, to conduct an inventory of the products marked for destruction and file the report before the court.
According to the ruling, the injunction will remain in force until the end of the year or pending the final determination of the case.
The matter was subsequently adjourned to September 23, 2026, for hearing of the substantive suit.
The dispute follows an earlier legal action filed by Rite Foods Limited in January 2025, accusing Mamuda of infringing on the trademark and design identity of its Fearless Energy Drink through the introduction of the Pop Power Energy Drink.
Following that suit, the parties reportedly reached a settlement, which was adopted by the court as a consent judgment. Under the agreement, Mamuda Beverages Nigeria Limited undertook to stop further trademark violations, destroy infringing products, and redesign its packaging to avoid imitation of the Fearless brand identity.
However, Rite Foods alleged that Mamuda later reintroduced Pop Power into the market with only minor cosmetic changes, which it said failed to sufficiently distinguish the product from Fearless Energy Drink.
The company also cited market reports indicating that consumers continued to refer to the revised Pop Power product as “small Fearless,” a development it said reinforced concerns over consumer confusion and brand imitation.
Rite Foods Limited reiterated its commitment to protecting its intellectual property rights and promoting fair competition in Nigeria’s business environment.
The company stated that sustainable business growth should be driven by originality, innovation, and respect for intellectual property rather than imitation and unfair business practices.
