Abayomi Susan
Reaffirming the principle that businesses must operate within the bounds of the law, the Federal High Court in Abuja has once again directed Mamuda Beverages Nigeria Limited (“Mamuda”) to halt production of its Pop Power Energy Drink, which has been found to infringe upon the trademark of Rite Foods Limited’s well-known Fearless Energy Drink brand.
The rulings on Mamuda’s Notice of Preliminary Objection and Rite Foods’ Motion for an interlocutory injunction were delivered by Hon. Justice B.F.M. Nyako on Friday, 22nd May 2026, in Suit No. FHC/ABJ/CS/705/2025. During the proceedings, the court dismissed Mamuda’s preliminary objection and granted Rite Foods’ application for injunctive relief, thereby prohibiting further trademark infringement by Mamuda.
In her ruling, Justice Nyako rejected Mamuda’s objection, which had alleged an abuse of court process. She held that Rite Foods’ current claim of trademark infringement is distinct from an earlier case between the parties, in which Rite Foods had complained about a different act of infringement.
The court further observed that, on the face of it, Mamuda’s newly introduced bottle design still bears a strong resemblance to Rite Foods’ established Fearless Energy Drink product. Consequently, the court issued an order restraining Mamuda from continuing production of its Pop Power Energy Drink pending the final determination of the lawsuit.
Additionally, the court ordered Mamuda to immediately cease production, destroy all existing products, and instructed the court Bailiff, in collaboration with both parties, to take inventory of the products designated for destruction and submit a report.
The injunction is to remain in effect until the end of the year or until the substantive suit is resolved.
The court has adjourned the matter to Wednesday, 23rd September 2026, for the hearing of the substantive case.
This ruling follows an earlier suit filed by Rite Foods against Mamuda in January 2025, in which Rite Foods alleged that Mamuda had infringed on the trademark and design of its iconic Fearless Energy Drink by launching a similar-looking product, Pop Power Energy Drink.
In that prior case, Mamuda appeared to admit wrongdoing and sought a settlement. Terms of settlement were agreed upon, filed, and adopted by the court as a consent judgment. Among those terms, Mamuda agreed to refrain from further violations of the Fearless Energy Drink trademark and any passing-off of its identity. It also committed to destroying all infringing products and pledged to change its design to avoid any form of imitation.
In an unexpected development, Mamuda later reintroduced Pop Power into the market with only superficial changes to its appearance. Rite Foods maintains that these adjustments are minor and fail to address the underlying issue of consumer confusion. Market reports indicate that the new Pop Power continues to be informally referred to as “small Fearless,” raising concerns that the revised product may not only violate the spirit of the earlier agreement but could also blur brand distinction and confuse consumers.
Reaffirming its position, Rite Foods reiterated its commitment to protecting its brand and upholding the principles of innovation and fair competition in Nigeria’s marketplace.
The company emphasized that sustainable business growth must be grounded in originality and respect for intellectual property rights, not in imitation or deceptive practices.
